2007 (12) TMI 401 - AT - Central Excise

Summary

Issues involved: Determination of value of processed fabrics, imposition of duty, imposition of personal penalty, invocation of longer period for demand.

Determination of value of processed fabrics: The appellant, a processor of man-made fabrics on job work basis, was involved in a dispute regarding the value of grey fabrics supplied by traders. A duty was confirmed against the appellant due to alleged undervaluation of grey fabrics by the merchant-manufacturer. The Tribunal held that the assessable value of processed fabrics must consider the correct value of grey fabrics, and job workers cannot evade duty liability. The appellant argued that the demand was time-barred as it was raised beyond the limitation period and there was no evidence of their involvement in undervaluation. Relying on a previous decision, the appellant contended that without proof of their participation in undervaluation, the longer period for demand was unjustified.

Imposition of duty and personal penalty: The Tribunal observed that there was no evidence implicating the appellant in undervaluation, and the demand was indeed time-barred. Citing a previous decision, it was held that the appellant should not be held liable for the duty or penalty. The impugned order was set aside, and the appeal was allowed in favor of the appellant with consequential relief.

Invocation of longer period for demand: The Tribunal emphasized that without concrete evidence of the appellant's involvement in undervaluation, the invocation of a longer period for demand was unjustified. It was noted that the department took almost two years to conclude the under-declared values by traders, and the appellant could not be held accountable for the alleged undervaluation without sufficient grounds. The duty demands and liabilities to confiscation were deemed unsustainable in the absence of evidence implicating the appellant.

This judgment highlights the importance of establishing clear evidence of involvement in undervaluation before imposing duties and penalties on job workers. It also underscores the significance of adhering to limitation periods for raising demands and the need for proper investigation before holding parties accountable for alleged violations.