2007 (7) TMI 69 - AT - Central Excise

Valuation (Central Excise) Appellants demand for refund claim on the amount of duty paid on quantitative discount - Held that appellants demand were not correct and set aside

Summary

Issues involved:
Rejection of refund claim on duty paid on quantitative discount by the appellants.

Analysis:
The appeal was filed against the rejection of a refund claim by the appellants regarding the duty paid on quantitative discount given by the principal manufacturer to wholesale dealers. The appellants, a loan licensee manufacturing pharmaceutical goods, claimed that they were entitled to a refund of the excess duty paid on such discounts. The issue revolved around whether the appellants were aware of the quantitative discounts at the time of goods' removal from their custody.

The Ld. Commissioner (Appeals) rejected the appeal based on the lack of evidence provided by the appellants. It was noted that the appellants failed to demonstrate that they were aware of the quantitative discounts at the time of goods' removal. The absence of proof, such as a copy of an agreement, to establish the knowledge of such discounts prior to goods' removal led to the rejection of the refund claim. The invoices produced by the appellants did not support their claim, as they cleared the products based on the value declared by the principal manufacturer.

The tribunal upheld the decision of the lower authority, emphasizing that if the principal manufacturer did not provide the correct assessable value at the time of goods' clearance, the appellants could not claim a refund of the duty paid on the subsequent quantitative discount. It was concluded that the appellants' appeal lacked merit, and the impugned order was deemed correct and legal, warranting no interference. Consequently, the appeal was rejected by the tribunal.