2000 (2) TMI 869 - AT - Central Excise

Summary

Issues:
1. Duty demand related to inspection charges incurred by the buyer.
2. Duty demand concerning steel scrap found short in the appellant's premises.

Analysis:

Issue 1:
The first part of the duty demand pertained to inspection charges borne by the buyer of the appellant's goods. The Tribunal referred to a previous decision in Shree Pipes Ltd. v. Collector of Central Excise, where it was established that testing charges incurred on account of third-party inspection are not includible in the assessable value. As a result, the Tribunal concluded that the demand related to inspection charges was not correctly made and needed to be set aside.

Issue 2:
The second part of the duty demand, amounting to about &8377; 33,000, was linked to steel scrap found short in the appellant's premises. The appellants, who manufactured Elastic Rail Clips from Steel Rounds, explained that a loss of 1.5% to 2% was normal during the processing of steel. They provided a certificate from a Chartered Engineer supporting this claim. Although the certificate was initially rejected due to lack of cross-examination, the appellants later produced additional evidence from "Forging Practice" to substantiate their position. The Tribunal acknowledged that the loss of 49 MT of steel scrap, within the expected range, did not warrant duty imposition. Consequently, the demand related to the steel scrap was set aside, leading to the cancellation of the imposed penalty as well.

In conclusion, the Tribunal allowed the appeal, providing full relief to the appellants by setting aside the duty demands and associated penalties. Additionally, the amount deposited during the appeal process was ordered to be returned to the appellants promptly.