2006 (12) TMI 307 - AT - Central Excise

Summary

Issues involved: Interpretation of Section 4A of the Central Excise Act, 1944 regarding valuation of excisable goods and applicability of abatement.

Summary:
The case involved a manufacturer of Ceramic Glazed Tiles subject to duty under Section 4A of the Central Excise Act, 1944. The Revenue alleged suppression of assessable value by not adding insurance charges collected from purchasers, leading to a demand for duty, penalty, and interest. The adjudicating authority and Commissioner (Appeals) upheld the demand. The Tribunal noted that Section 4A specifies valuation with reference to retail sale price, allowing for abatement by the Central Government. It emphasized that once goods are covered under Section 4A, no recourse to Central Excise Valuation Rules is needed, and any addition beyond the declared MRP would be beyond the statute. As the goods were undisputedly covered by Section 4A, the Tribunal set aside the impugned order and allowed the appeal.

In conclusion, the Tribunal found the impugned order unsustainable due to the clear provisions of Section 4A regarding valuation of excisable goods, leading to the allowance of the appeal with consequential relief, if any.