2013 (7) TMI 498 - AT - Central Excise

Merchant Over time (MOT) fee charged for normal working hours - Whether MOT fees are required to be paid to the Central Excise officers for performing supervision of stuffing of containers within the factory premises during the normal working hours - MOT charges already been paid by respondents in respect of duties performed during holidays or beyond working hours Held that - MOT charges are not payable in respect of duties performed within normal working hours as per the decision in the case of Signma Corporation (I) Ltd. Vs. CCE 2004 (1) TMI 112 - CESTAT, NEW DELHI Decided against the Revenue.

Summary

Issues:
1. Jurisdiction of Commissioner (Appeals) in entertaining appeal against lower authority's order for recovery of MOT charges.
2. Whether MOT fees are required to be paid to Central Excise officers for supervision of stuffing within factory premises during normal working hours.

Analysis:

Issue 1:
The first issue revolves around the jurisdiction of the Commissioner (Appeals) in entertaining the appeal against the lower authority's order for the recovery of Merchant Over time (MOT) charges. The Revenue argued that the Commissioner (Appeals) lacked jurisdiction based on a Tribunal decision and the Customs Regulations regarding MOT charges. The Revenue contended that the factory premises did not qualify as a Customs Area under the Customs Act. However, the advocate for the respondent cited a Delhi High Court decision that upheld the Tribunal's order regarding MOT charges. The Tribunal, after considering both arguments, concluded that the Commissioner (Appeals) had the jurisdiction to entertain the appeal, especially in light of the Delhi High Court's decision, and rejected the Revenue's challenge.

Issue 2:
The second issue focuses on whether MOT fees are required to be paid to Central Excise officers for the supervision of stuffing within the factory premises during normal working hours. The case involved the demand for MOT fees by the Central Excise department for supervision carried out during working hours. The respondents had paid for duties performed beyond working hours and on holidays but contested the MOT fees for duties during normal working hours, arguing that their factory premises fell under the definition of Customs Area. The Commissioner (Appeals) based their decision on a Tribunal ruling that MOT charges were not payable for duties performed within normal working hours. The Revenue challenged this decision, citing a pending Tribunal case before the Delhi High Court. However, the Tribunal found that the Delhi High Court had already ruled that there was no requirement to pay MOT fees for duties during normal working hours, thereby upholding the Commissioner (Appeals) decision. Consequently, the Tribunal rejected the Revenue's appeals.

This comprehensive analysis of the judgment addresses the key issues raised in the case, detailing the arguments presented by both parties and the Tribunal's reasoning in arriving at its decision.