2007 (1) TMI 401 - AT - Central Excise

Summary

Issues:
Application for waiver of pre-deposit of duty and penalty based on the entitlement to a service discount from the assessable value of goods manufactured.

Analysis:
The applicants filed an application seeking a waiver of pre-deposit of duty and penalty amounting to Rs. 3,00,311/- and Rs. 50,000/- respectively. They claimed a 2% service discount from the assessable value of the goods they manufactured, which was in exchange for a guarantee for repairing pumps, with the condition that any repair costs would be borne by the dealer. The applicants argued that they were entitled to this discount as the service was provided by the dealer, and nothing was passed on to them. They cited previous Tribunal decisions where it was held that the cost of after-sale service should not be added to the assessable value of goods. However, in the present case, the Revenue did not include the amount collected by the dealer for after-sale service in the assessable value. The repairing of pumps by the applicants occurred after the goods were cleared, making the discount permissible. The Tribunal found that it was not a suitable case for a total waiver of pre-deposit of duty. The applicants were directed to deposit Rs. 75,000/- within 8 weeks and report compliance. Upon this deposit, the remaining amount of duty and penalty were waived until the appeal's disposal. The case was adjourned to a later date for further proceedings.

This judgment highlights the importance of assessing the specific circumstances of each case when determining the eligibility for a waiver of duty and penalty. The Tribunal differentiated the facts of this case from previous decisions, emphasizing that the discount claimed by the applicants was related to a service provided after the goods were cleared. By ordering a partial deposit and waiving the remaining amount until the appeal's conclusion, the Tribunal struck a balance between the interests of the applicants and the Revenue. The decision underscores the need for a nuanced approach in considering claims for waivers based on discounts related to post-clearance activities, ensuring a fair and just resolution in line with legal principles and precedents.