2005 (4) TMI 486 - AT - Central Excise

Summary

Issues: Application for waiver of pre-deposit of duty; Assessable value of processed fabrics exceeding Rs. 25 per metre.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue revolved around an application for waiver of pre-deposit of duty amounting to Rs. 3,02,752.92. The Commissioner of Central Excise (Appeals) had upheld the demand, stating that the assessable value of processed cotton fabrics, processed man-made fabrics, and knitted polyester fabrics manufactured by the appellants exceeded Rs. 25 per metre. The appellants contended that the value did not surpass Rs. 25 per metre and argued that the additional amount considered to exceed this value was a notional profit that should not be included in the assessable value. However, the Tribunal noted that the applicants had charged a higher amount through processing charges compared to what was declared in the price list. As a result, the Tribunal found no prima facie case for a total waiver of the pre-deposit. Consequently, the Tribunal directed the applicants to deposit Rs. 50,000 within eight weeks, and upon this deposit, the pre-deposit of the balance duty would be waived, and the recovery stayed pending the appeal. The Tribunal also warned that failure to comply with this direction would lead to the vacation of the stay and dismissal of the appeal without prior notice. Compliance was to be reported by a specified date.

This judgment emphasizes the importance of accurately declaring values and charges in the context of assessable values for excise duty purposes. It highlights that notional profits cannot be used to manipulate assessable values and that discrepancies between declared and charged amounts can impact the decision on waiver of pre-deposit. The Tribunal's decision to require a partial deposit based on the discrepancies in processing charges serves as a reminder of the significance of transparency and accuracy in financial declarations within the excise duty framework.