2014 (2) TMI 399 - AT - Central Excise

Clearance of goods u/s 4A - MRP based Valuation of goods - clearance to another unit - Held that - goods were being cleared by the respondents from their Noida unit on payment of duty under Section 4A of the Central Excise Act, to their Faridabad unit, which were fixing the goods with MRP sticker and were again paying the duty on the MRP of the goods - entire situation is Revenue neutral and no duty can be said to have been evaded by the respondents - Once the duty confirmation is not upheld, though the duty paid by the respondents and availed as credit by the Faridabad unit has not been interfered with by the Commissioner and rightly so , the question of imposition of penalty or confirmation of interest does not arise - Decided against Revenue.

Issues:
1. Dispute regarding clearance of goods between Noida and Faridabad units under Central Excise Act.
2. Applicability of Section 4A for clearance of goods.
3. Assessment of duty based on MRP value.
4. Revenue's demand for payment of duty.
5. Bar on limitation for raising demand.
6. Credit availed by Faridabad unit.
7. Refund of duty paid by Faridabad unit.
8. Imposition of penalty and confirmation of interest.

Analysis:

1. The case involves a dispute where goods manufactured by the respondents are cleared from their Noida unit to their Faridabad unit. The Faridabad unit affixes MRP stickers on the goods and pays duty on the MRP value, leading to a question of duty assessment and clearance under the Central Excise Act.

2. The Commissioner observed that the Faridabad unit should clear goods under Section 4A, initiating proceedings against the respondents for a demand of Rs.1,14,40,699. However, the Commissioner found the situation to be revenue neutral as the duty paid by the Noida unit was available as credit to the Faridabad unit, which paid duty based on MRP.

3. The Commissioner held that no duty shortfall existed as the Faridabad unit paid duty on the MRP value after availing credit, making the entire situation revenue neutral. The Commissioner also noted that the respondents had deposited the duty amount before the show cause notice and allowed the Faridabad unit to take credit, but did not permit a refund of the duty paid.

4. The Commissioner did not impose a penalty or confirm interest as there was no duty confirmation. The Tribunal agreed with the Commissioner's findings, citing previous decisions and emphasizing that the duty confirmation was not upheld, hence penalty or interest imposition was not justified.

5. The Tribunal rejected the Revenue's appeal, concluding that the case did not involve duty evasion and the situation was revenue neutral. The Tribunal highlighted that the legal position should not be influenced by whether the case was intelligence-based or not, focusing on the merits of the case instead.

This detailed analysis of the judgment addresses the issues involved comprehensively, outlining the legal interpretations and conclusions reached by the Commissioner and the Tribunal.

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