2007 (8) TMI 212 - AT - Central Excise

Appellant job worker took credit on entire quantity of inputs but while computing value of good manufactured quantity of 5.5.% was deducted as burning loss Misdeclaration of value of final products to avoid duty & non-filing of required price list Demand raised cannot be said time-barred

Summary

Issues: Misdeclaration of value, Suppression of dutiable value, Penalty imposition

Misdeclaration of value:
The case involved the appellants receiving iron and steel materials from specific suppliers and manufacturing products on a job work basis. They took credit for duty paid on raw materials but did not include the full value of the materials while calculating the value of goods manufactured. The appellants deducted a quantity of 5.5% as burning loss, which was allowed by the suppliers. The tribunal found that the appellants misdeclared the value by not including the full value of materials, leading to the suppression of dutiable value in invoices. As a result, valid demands were raised for the specified periods due to this misdeclaration.

Suppression of dutiable value:
The tribunal noted that the appellants had taken credit for the entire quantity of raw materials consumed but failed to include the full value of the materials in calculating the value of goods manufactured on a job work basis. This omission led to the suppression of dutiable value in the invoices. The tribunal held that the demands raised for the periods in question were valid due to the misdeclaration of value and the consequent suppression of dutiable value. The contention that the extended period of limitation could not be applied was dismissed by the tribunal in light of the value suppression and non-filing of the required price list by the appellants.

Penalty imposition:
A penalty of Rs. 60,000/- was imposed in both cases due to the misdeclaration of value and suppression of dutiable value. However, considering the duty amount of Rs. 1,29,503/-, the tribunal decided to reduce the penalty to Rs. 30,000/- in each case. The appeals were rejected except for the reduction in the penalty amount. The tribunal pronounced the decision in open court, finalizing the judgment on the issues of misdeclaration of value, suppression of dutiable value, and the imposition of penalties.