2005 (10) TMI 298 - AT - Central Excise

Summary

Issues:
1. Valuation of multi piece package of soap cakes for Central Excise Duty.
2. Imposition of penalty and interest on duty demands.
3. Interpretation of Board Circular regarding MRP declared for multi piece package.
4. Adjudication of appeals by assessee and Revenue.

Analysis:

The appellants, engaged in soap manufacturing, introduced a scheme offering a free cake of soap on the purchase of two cakes of the same brand, packed as a multi piece package. The department alleged undervaluation and issued a demand notice for Central Excise Duty. The lower authority confirmed the demand and imposed a penalty. The CCE (Appeals) modified the order, setting aside the penalty and interest but confirming the duty demands on the multi piece package. The duty demand on the extra two soaps was not confirmed.

Upon hearing both sides, it was acknowledged that a certain amount was payable for the extra soaps sold at a unique price, which the appellants paid. The duty demand on the multi piece package was evaluated in light of a Board Circular, leading to the conclusion that demands exceeding the amounts already discharged at the declared MRP for the package need not be confirmed. Consequently, the penalty was not imposed due to the rejection of the major part of the demand related to the multi piece package.

As a result of the findings, the Revenue's appeal regarding the penalty was rejected, while interest on the uncontested demand was allowed. The assessee's appeal to set aside the demand on the multi piece package was granted, leading to the disposal of the appeals.

In conclusion, the judgment clarified the valuation of the multi piece package for Central Excise Duty, resolved the penalty and interest imposition, and interpreted the Board Circular regarding MRP declaration for such packages, ultimately adjudicating the appeals by the assessee and Revenue.