2004 (11) TMI 344 - AT - Central Excise

Summary

Issues: Duty demand confirmation based on inclusion of forwarding charges, penalty imposition.

In the case, the Appellate Tribunal CESTAT, New Delhi, addressed the duty demand confirmation of Rs. 38,780 against the appellants, engaged in manufacturing High Carbon Ferro Chrome, due to the inclusion of forwarding charges collected by M/s. TISCO Ltd. at the rate of Rs. 560/- PMT. The appellants supplied goods to M/s. SAIL, Durgapur under a purchase order dated 26-11-1993. The Tribunal also imposed a penalty of Rs. 5,000. The appellants argued that the forwarding charges were actually freight charges and should not be included in the assessable value of the goods. However, the Tribunal found this argument untenable as the contract with M/s. TISCO specifically provided for payment of freight charges separately, and the works order indicated an additional charge of Rs. 560/- PMT as forwarding charges. The invoices also reflected the recovery of forwarding charges. Despite the appellants producing an amendment letter changing forwarding charges to freight charges, the Tribunal deemed it insufficient evidence, especially considering the unavailability of documents related to freight charges from SAIL, Durgapur under the purchase order.

The Tribunal concluded that the duty demand and penalty were sustainable based on the evidence presented. They upheld the impugned order and rejected the appeal, emphasizing the importance of clear documentation and evidence in determining the nature of charges and their inclusion in the assessable value of goods.