2005 (7) TMI 472 - AT - Central Excise

Summary

Issues:
1. Inclusion of 'Dharmada' charges in the assessable value for duty calculation.

Analysis:
The case involved an appeal against the Order-in-Appeal upholding the recovery of duty and penalty based on the inclusion of 'Dharmada' charges in the assessable value. The appellant argued that a three-judge Bench of the Apex Court had ruled in a previous case that 'Dharmada' charges are not includible. However, this ruling was superseded by a two-judge Bench order which held that such charges should be included.

The learned SDR contended that 'Dharmada' charges should indeed be added to the assessable value. After considering both sides' submissions, the Tribunal noted the conflicting judgments of the three-judge and two-judge Benches of the Apex Court on the matter. The Tribunal acknowledged that the appellants had presented a strong prima facie case in their favor based on the previous ruling. Consequently, the Tribunal granted a stay on the recovery of duty and penalty amounts, allowing the appeal to proceed without the need for pre-deposit. The final hearing was scheduled for a later date.

In conclusion, the Tribunal's decision to grant a stay on the recovery of duty and penalty amounts was based on the conflicting judgments of the Apex Court regarding the inclusion of 'Dharmada' charges in the assessable value. The matter was deemed to require further examination during the final hearing scheduled for a later date.