2009 (4) TMI 667 - AT - Central Excise

Summary

Issues involved:
The appeal concerns the valuation of goods sold by the assessee to government departments under DGS & D rate contracts, specifically whether the assessments should be done under Section 4A or Section 4 of the Central Excise Act, 1944.

Facts and Decision:
The assessee cleared electric fans to government departments against purchase orders raised on the rate contract of DGS & D, with no retail sale involved. A show cause notice was issued alleging contravention of Section 4 by resorting to valuation under Section 4A. The Adjudicating Authority confirmed the demand, penalty, and interest, but the Commissioner (A) set aside the order, leading to the revenue's appeal. The revenue contended that the sale was not retail, and abatement under Section 4A should not apply due to the absence of wholesale or retail dealers in the DGS & D rate contract scenario.

Revenue's Arguments:
The revenue argued that government departments are not individual consumers, so the sale is not retail. They cited the Purisons-Engineers Pvt. Ltd. case and emphasized the profit margin aspect under the MRP scheme. They asserted that the abatement under Section 4A was not justified in this case.

Respondent's Defense:
The respondent's counsel highlighted that the Legal Metrology Department's letter supported following the Standards of Weights and Measures Act for supplies to DGS & D. They maintained that the Order-in-Appeal was correct and warranted no interference.

Judgment and Analysis:
The learned Commissioner (A) found that the goods were notified under Section 4A, and the sale to government departments via DGS & D rate contract was considered retail. The Controller of Legal Metrology Department confirmed that MRP should be printed on packages for such transactions. The judgment upheld the Commissioner (A)'s decision, stating that the transaction fell within the Packaged Commodities Rules ambit, allowing the assessee to avail abatement as per law. The appeal by the revenue was rejected, affirming the correctness and legality of the Order-in-Appeal.