2018 (6) TMI 1293 - AT - Central Excise

Penalties - Valuation - inclusion of value of chassis in the value of goods - Held that - In the case of Audi Automobiles vs. CCE, Indore 2009 (5) TMI 426 - CESTAT, NEW DELHI , it was held that in such a circumstances, no penalty is imposable. Therefore, penalties imposed on M/s. Sita Singh & Sons Pvt. Limited are set aside. Penalty on on M/s. Swaraj Mazda - Held that - As in the case of M/s. Sita Singh & Sons Pvt. Limited, the penalty has been set-aside therefore, penalty on M/s. Swaraj Mazda is not imposable - penalty set aside. Appeal disposed off.

Summary

Issues:
1. Confirmation of demand of duty along with interest and imposition of penalties on the appellants.
2. Applicability of Rule 10A of the Central Excise Valuation Rules regarding payment of duty.
3. Dispute over the imposition of penalties based on the extended period of limitation and mala-fide intention.
4. Imposition of penalties on related parties based on knowledge of short duty payment by job worker.

Analysis:
1. The appellants appealed against the orders confirming the demand of duty, interest, and penalties. The case revolved around the fabrication of body chassis received from M/s Swaraj Mazda Limited (SML) and the duty paid under Section 4 of the Central Excise Act, 1944. The proceedings initiated under Rule 10A of the Central Excise Valuation Rules required the appellants to pay duty for the entire body built, including the valuation of chassis. The Tribunal confirmed the demand of duty, interest, and penalties. The appellant cited a previous Tribunal order where penalties were dropped, which is under challenge in the Apex Court, seeking similar relief in this case.

2. The Tribunal referred to a previous case involving Audi Automobiles where it was held that duty is payable under Rule 10A on the value at which the principal manufacturer cleared the goods. The Tribunal also noted that penalties were not imposable if there was no mala-fide intention or suppression of documents. In the present case, as the issue was settled in the appellant's own case, the duty along with interest was confirmed. Following the precedent set by Audi Automobiles, penalties were set aside for the appellants.

3. Regarding the imposition of penalties, the Tribunal found that since penalties were not imposable on the appellants due to the settled issue, penalties imposed on M/s. Sita Singh & Sons Pvt. Limited were set aside. Additionally, a penalty on M/s. Swaraj Mazda was imposed for knowledge of short duty payment by the job worker. However, as penalties were not imposable on the job worker, the penalty on M/s. Swaraj Mazda was also set aside. The Tribunal disposed of the appeals based on these findings, confirming duty with interest but setting aside penalties for all parties involved.

4. The judgment highlighted the importance of previous case law in determining the liability for duty payment under specific rules and emphasized the significance of mala-fide intention and suppression of documents in imposing penalties. By following established legal principles and precedents, the Tribunal provided a detailed analysis of the issues raised in the appeal, ultimately deciding on the confirmation of duty with interest and the setting aside of penalties based on the specific circumstances of the case and relevant legal interpretations.