1981 (10) TMI 177 - Board - Central Excise

Summary

Issues:
1. Assessment of excise duty on the value of goods exceeding the exemption limit.
2. Inclusion of "installation charges" in the assessable value of goods.
3. Imposition of personal penalty under Rule 173Q of the Central Excise Rules.
4. Treatment of glass panels in the assessable value of goods.
5. Confiscation of goods for failure to obtain a Central Excise license.

Analysis:
1. The appeal involved the assessment of excise duty on goods exceeding the exemption limit of Rs. 15 lakhs for the financial year 1978-79. The Central Excise Officers found that the appellant had cleared goods valued at Rs. 19,15,931.48, necessitating the payment of duty on the excess amount. The Collector also seized goods valued at Rs. 21,007 for further action under Central Excise Rules.

2. The issue of whether "installation charges" should be included in the assessable value of goods was raised. The Collector had held that these charges were part of the assessable value since installation was essential for sales. However, the Board disagreed, stating that as long as these charges were separately realized based on the type of installation work, they should not be added to the assessable value. The Board directed the Collector to verify each invoice and exclude uniform installation charges.

3. A personal penalty of Rs. 5,000 was imposed under Rule 173Q of the Central Excise Rules. The appellants contested this penalty, citing a lack of mens rea due to confusion regarding the exemption limit reduction. The Board found no case warranting a personal penalty and set aside the penalty imposed by the Collector.

4. The treatment of glass panels in the assessable value was also disputed. The Collector had included the value of glass panels purchased by the appellants in the assessable value. The Board disagreed, stating that since the glass panels were bought from the market and treated as duty paid, further levy on their value would amount to double taxation. The Board directed the Collector to deduct the value of glass panels from the assessable value.

5. Lastly, the confiscation of goods for failure to obtain a Central Excise license was addressed. The Board upheld the confiscation of goods worth Rs. 21,007, stating that the fine of Rs. 1,000 in lieu of confiscation was not excessive. However, the Board found no grounds for imposing a personal penalty and set aside the penalty of Rs. 5,000 imposed by the Collector.