2005 (1) TMI 585 - AT - Central Excise

Summary

Issues:
1. Inclusion of pattern development charges and die development charges in the assessable value of castings.
2. Imposition of penalty for non-disclosure of charges recovered from customers.

Issue 1: Inclusion of charges in assessable value
The appeals involved the question of whether pattern development charges and die development charges, recovered by the manufacturers of castings from customers through special debit notes, should be included in the assessable value of the castings. The Tribunal referred to a Larger Bench decision in Mutual Industries Ltd. v. Collector of Central Excise, Mumbai, which held that the cost of moulds supplied by customers and used in manufacturing finished goods should be part of the assessable value. The appellants argued against the inclusion, citing the unconstitutionality of a CBEC Circular and a judgment from the Madhya Pradesh High Court. However, the Tribunal noted that the High Court judgment was issued before the relevant amendment to the Central Excise Act, which now allows for uniform valuation methods. Consequently, the Tribunal held that the proportionate cost of these charges should be included in the assessable value based on the CBEC Circular.

Issue 2: Imposition of penalty
Regarding the penalty, the appellants contended that the extended period of limitation was not applicable to the department, making the penalty unsustainable. However, the Tribunal found that the appellants had not disclosed the recovery of pattern development charges and die development charges from customers, constituting suppression with intent to evade duty payment. As a result, the Tribunal deemed the penalty justifiable. Despite this, considering the overall circumstances, the Tribunal decided to reduce the penalties imposed in the appeals. In Appeal No. E/3389/02, the penalty was reduced from Rs. 98,851 to Rs. 10,000, and in Appeal No. E/363/02, the penalty was reduced from Rs. 1,000 to Rs. 500. The appeals were partly allowed on these grounds.

This comprehensive analysis of the judgment highlights the key issues addressed by the Appellate Tribunal CESTAT, Mumbai, regarding the inclusion of charges in the assessable value of castings and the imposition of penalties for non-disclosure, providing a detailed understanding of the Tribunal's decision-making process.