2016 (9) TMI 1501 - AT - Central Excise

Valuation - cash discount and trade discount given by the job worker to the principal manufacturer - HELD THAT - It does not appeal to common sense that how cash discount and trade discount shall be admissible to determine the value of the goods cleared by the job worker. It does not make any sense to grant such relief, since final goods are not cleared and this trade practice does not prevail in the industry. Any such discount shall depress the assessable value and shall not determine the assessable value in accordance with law. Penalty - HELD THAT - It is appreciable that the interpretational error has brought the appellant to penal consequence of law - The penalty imposed under Section 11AC of Central Excise Act, 1944 read with Rule 25 of the Central Excise Rules, 2002 is waived. Appeal allowed in part.

Summary

Issues: Valuation of goods, denial of cash discount and trade discount, penalty under Section 11AC of Central Excise Act, 1944.

Valuation of Goods:
The appellant argued that the duty aspect was rightly determined following the Ujagar Prints case. However, there was a dispute regarding the denial of cash discount and trade discount given by the job worker to the principal manufacturer. The Tribunal found that granting such discounts would depress the assessable value and not align with the law laid down by the Supreme Court. Therefore, the prayer for including these discounts in the valuation was rejected.

Denial of Cash Discount and Trade Discount:
The Tribunal highlighted that it was not logical to include cash discount and trade discount in determining the value of goods cleared by the job worker. It was emphasized that such discounts could not be granted as they would not reflect the actual assessable value, especially when the final goods were not cleared, and such trade practices were not prevalent in the industry. The Tribunal rejected the plea to consider these discounts in the valuation process.

Penalty under Section 11AC of Central Excise Act, 1944:
Regarding the penalty imposed under Section 11AC of the Central Excise Act, 1944, the Tribunal acknowledged that an interpretational error led to the appellant facing penal consequences. Considering this, the penalty imposed under Section 11AC of the Act read with Rule 25 of the Central Excise Rules, 2002 was waived. The Tribunal showed leniency due to the interpretational error, leading to the partial allowance of the appeal in this regard.

In conclusion, the Tribunal partially allowed the appeal concerning the denial of cash discount and trade discount in the valuation of goods, while also waiving the penalty imposed under Section 11AC of the Central Excise Act, 1944. The judgment emphasized the importance of adhering to legal principles in determining the assessable value of goods and highlighted the consequences of interpretational errors in such matters.