2016 (1) TMI 731 - AT - Central Excise

Undervaluation of assessable value - invoking extended period of limitation proposing recovery of duty on the ground that such bailing charges are includable in the assessable value - Held that - In this case the show cause notice has been issued by invoking extended period of limitation and some period in the show cause notice falls during the extended period of limitation. As it is an issue of interpretation of valuation rules and appellant has shown in the invoices itself that they are receiving bailing charges which are only for the additional/special packing sought by the buyer. Therefore, mala fides against the appellant stands unproved. In these circumstances, we hold that the extended period of limitation is not invocable. Consequently, penalties are also not imposable.

Summary

Issues:
- Appeal against confirmed demand for undervaluation of assessable value due to bailing charges
- Inclusion of bailing charges in assessable value
- Applicability of valuation rules pre and post 1-7-2000
- Invoking extended period of limitation for show cause notice
- Imposition of penalties

Analysis:
1. The appellant appealed against a confirmed demand for undervaluation of their assessable value due to bailing charges collected during the period June 2000 to 11-12-2002. A show cause notice was issued proposing recovery of duty on the grounds that these charges were not included in the transaction value.

2. The appellant, engaged in manufacturing processed fabrics, argued that the bailing charges were for additional/special packing over and above normal packing, done at the request of buyers. The appellant contended that these charges were not part of the assessable value as they were for special packing materials.

3. The Valuation Rules changed post-1-7-2000, where duty became payable on the amount actually received against the goods sold. For the period prior to this date, the assessable value was based on the normal selling price of goods, and as the special packing was customer-specific, the bailing charges were not part of the assessable value for this period.

4. The Tribunal held that for the period post-1-7-2000, the bailing charges were includable in the assessable value as per the changed valuation rules. However, as the appellant had shown the bailing charges in their invoices and proved they were for additional/special packing, the extended period of limitation was not applicable, and penalties were deemed unsustainable.

5. Ultimately, the Tribunal ruled that for the period prior to 1-7-2000, the appellant was not liable to pay bailing charges, while for the period post-1-7-2000, the charges were includable in the assessable value. The demands for the extended period of limitation were deemed unsustainable, leading to penalties being not imposed, but demands for the normal period were upheld, along with interest payable by the appellant.