2007 (2) TMI 434 - AT - Central Excise

Summary

Issues involved: Determination of assessable value of goods cleared from up-country depots, imposition of penalty under Rule 173Q of the Central Excise Rules, 1944.

Assessable value of goods cleared from up-country depots:
The question was whether the assessable value of goods cleared by the assessee from their up-country depots should include freight and warehousing charges. Referring to a previous case involving the same assessee, it was held that the assessable value should be based on the price at the depots from where the goods were ultimately sold. Upholding the earlier decision, the demand of duty raised on the assessee for the period in question was upheld.

Imposition of penalty under Rule 173Q:
A penalty of 50% of the duty demanded was imposed on the assessee under Rule 173Q. The challenge against this penalty was based on the argument that there was no intent to evade payment of duty and the assessee acted bona fide based on their understanding of the law of valuation. The assessee had paid the differential duty after the Order-in-Original was passed, indicating their willingness to comply. The Tribunal considered the circumstances and reduced the penalty to Rs. 5,00,000, citing lack of mens rea and the assessee's conduct in paying the duty during the appeal process. The penalty was reduced based on these factors.

Conclusion:
The Tribunal sustained the impugned order with the modified penalty amount and dismissed the appeal on merits. The quantum of penalty was reduced to Rs. 5,00,000 considering the circumstances and conduct of the assessee during the proceedings.