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2007 (7) TMI 479 - AT - Central Excise
Issues:
1. Whether the demand of duty on aluminium collapsible tubes, including cleaning and capping charges, is barred by limitation. Analysis: The dispute in this appeal revolves around the demand of duty on aluminium collapsible tubes, specifically focusing on the inclusion of charges for cleaning and capping paid by a third party directly to job workers. The issue is whether the demand of duty, amounting to Rs. 1,98,948, raised in the show cause notice dated 16-6-1998 for the period 5-6-1993 to 30-3-1994, is time-barred or not. The Joint Commissioner initially dropped the demand on the grounds of time limitation. However, the Commissioner (Appeals) reversed this decision, alleging that the appellants suppressed the fact that cleaning and capping were done by job workers in their premises and that they were aware of the inclusion of these charges in the assessable value in cases where consignments were delivered to parties other than the principal company. The Commissioner held the appellants guilty of suppression, leading to the demand of duty. Upon hearing both sides, the Tribunal examined the contention of the appellants. They referenced legal precedents, including a Bombay High Court decision and various Tribunal orders, to support their argument. The Tribunal noted that when duty liability did not necessitate the inclusion of cleaning and capping charges, the question of intent to evade payment of duty becomes irrelevant. Consequently, the Tribunal agreed with the appellants that the extended period of limitation was not applicable in this case. As the entire demand fell outside the normal limitation period, the Tribunal ruled in favor of the appellants, setting aside the demand for duty on the aluminium collapsible tubes. In conclusion, the Tribunal overturned the impugned order and allowed the appeal, emphasizing that the demand for duty on the aluminium collapsible tubes, including cleaning and capping charges, was not sustainable due to the absence of intent to evade payment of duty and the limitation constraints.
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