2005 (9) TMI 478 - AT - Central Excise

Summary

Issues:
1. Valuation of goods sold between related parties.
2. Short payment due to wrong classification of goods.
3. Refund of excess duty paid.
4. Consideration of unrelated classification dispute in the current appeal.
5. Refund of pre-deposit amount.

Valuation of goods sold between related parties:
The Tribunal rejected the Department's contention that goods sold between the appellant and its distributor, a related party, should be assessed based on the distributor's selling price. The appellant paid excess duty of Rs. 37,60,863 due to this issue. Additionally, a short payment of Rs. 32,62,200 was made due to wrong classification of goods. The Assistant Commissioner found a further short payment of Rs. 74,66,720 related to a different classification issue.

Short payment due to wrong classification of goods:
The Assistant Commissioner calculated a total short-paid amount of Rs. 1,07,28,920 by combining the amounts due to wrong classification. He adjusted Rs. 50 lakhs deposited by the appellant earlier and demanded the balance. The excess duty paid by the appellant was not adjusted against this demand, as it was collected from customers and not due for refund.

Refund of excess duty paid:
The appellant contended for a refund of Rs. 37,60,863 paid as excess duty, arguing it was collected from customers. The Tribunal held that the appellant, having collected the excess amount from buyers, was not entitled to a refund.

Consideration of unrelated classification dispute in the current appeal:
The Commissioner upheld the inclusion of the unrelated classification dispute amount in the total due from the appellant. The appellant's argument against deciding the appeal at the stay stage was deemed meritless.

Refund of pre-deposit amount:
The Tribunal ruled that in cases where appeals by both the assessee and the Department are disposed of with directions for recomputation, the question of refund of pre-deposit does not arise. The appellant's case was found to have no merit, leading to the rejection of their appeal.