2005 (4) TMI 411 - AT - Central Excise

Summary

Issues:
Undervaluation of goods, time bar for issuing show cause notice, comparison of job work prices with bulk sales, imposition of penalty and interest.

Analysis:

1. Undervaluation of goods: The Commissioner alleged that the appellant, a manufacturer of Linear Benzene Sulphuric Acid (LABSA), had undervalued goods sold to various customers, creating gradation to avoid paying Central Excise Duty. The Commissioner contended that the clearances made on job work basis were undervalued, leading to the issuance of show cause notices. The appellant argued that subsequent show cause notices were time-barred, citing judgments like Neyveli Lignite Corporation v. CCE and other cases to support their position.

2. Time bar for issuing show cause notice: The appellant argued that the subsequent show cause notice issued for an earlier period was not sustainable as the department had already collected information and issued a notice earlier. They relied on legal precedents to establish that the subsequent notice was barred by time due to lack of suppression or misdeclaration of details.

3. Comparison of job work prices with bulk sales: The appellant contended that the value of goods supplied to job suppliers should be based on purchase orders, not factory sales. They cited the S. Kumars Ltd. case and other judgments to support their argument that job work prices cannot be compared with bulk sales prices, emphasizing the need to value goods supplied to job suppliers accurately.

4. Imposition of penalty and interest: The appellant argued that mandatory penalty under Section 11AC and interest under Section 11AB could not be imposed retroactively, as they came into existence after the period in question. The appellant raised various other grounds in the matter, challenging the imposition of penalty and interest.

5. Decision: The Tribunal found in favor of the appellant, noting a strong case on both merit and time bar issues. They highlighted that the value of goods supplied on job work basis should be determined based on costing data, not sale prices to independent buyers. The Tribunal ruled that the subsequent show cause notice was time-barred and that there was no suppression or misdeclaration of details. As a result, the appeal was allowed based on the judgments cited during the proceedings.