2008 (6) TMI 483 - AT - Central Excise

Summary

Issues involved: Duty demand under the proviso to Sec. 11A(1) of the Central Excise Rules, 1944, interest under Sec. 11AB, and penalty under Sec. 11AC u/s under-valuation of automobile components manufactured on job work basis.

Summary:
1. The Commissioner of Central Excise confirmed duty demand, interest, and penalty on the manufacturer for under-valuation of automobile components manufactured on job work basis for M/s. Mahindra & Mahindra Ltd. The duty demands were based on non-inclusion of the value of scrap not returned to raw material suppliers but sold by the manufacturer in the assessable value of the goods. The manufacturer acknowledged the duty liability but contested the demand on the ground of limitation.

2. The period of demand in the appeals ranged from January 2001 to December 2003 and the entire calendar year 2004. The manufacturer had informed the department about retaining a part of the sale proceeds of scrap but paying duty after including the scrap credit to the cost of material and conversion charges. The manufacturer argued that the scrap credit was not required to be added based on previous Tribunal decisions.

3. The Tribunal had previously held that the value of scrap was not required to be included in the value of components manufactured on job work basis. The manufacturer acted under a bona fide belief based on this decision. The issues in the present appeals were found to be identical to the earlier case where the Tribunal had ruled in favor of the manufacturer.

4. Considering the manufacturer's belief and the previous Tribunal decisions, the demands in both cases were held to be barred by limitation. The impugned orders were set aside, and the appeals against the imposition of penalties were allowed.

Judges: Ms. Jyoti Balasundaram, Shri A.K. Srivastava, JJ.