2008 (1) TMI 174 - AT - Central Excise

Appellants sold goods from their depot, and paid duty at depot price - Department demanded additional amounts of duty on basis of ex-factory price - wholesale buyers at factory gate and wholesale buyers from depot constitute separate classes of buyers and the ex-factory is not to be charged in respect of wholesale buyers from depot - credit is entitled of the duty paid on stock transferred to own duty appeal partly allowed

Summary

Issues: Duty demand components - Delhi Depot sales, stock transfer to own unit, calculation mistake

In this judgment by the Appellate Tribunal CESTAT, Kolkata, the case involved three components of duty demand: Rs. 3,52,19,255/- for Delhi Depot sales, Rs. 51,47,513/- for stock transfer to own unit, and Rs. 1,05,512/- for a calculation mistake. The appellants had already deposited a portion of the duty demand related to stock transfer, not contesting it subject to being allowed as credit to their second unit. The Tribunal confirmed these two components of the duty demand and allowed credit for the stock transfer.

Regarding the main amount of Rs. 3,52,19,255/- for Delhi Depot sales, the appellants argued that duty should be based on prices charged for depot sales, not ex-factory prices. The appellants cited a decision by the Larger Bench and subsequent affirmation by the Supreme Court, stating that wholesale buyers from depot constitute a separate class and should not be charged based on ex-factory prices. The Tribunal agreed, holding that duty paid on depot sales formed a valid basis for valuation, setting aside the duty demand related to Delhi Depot sales.

The Lower Appellate Authority did not apply precedent decisions stating that depot sales were to a different class of buyers. The Tribunal noted that the decision of the Supreme Court in another case did not support using ex-factory prices for depot sales. The Tribunal followed the Larger Bench decision, emphasizing that depot sales constituted a separate class of buyers, leading to the duty demand being set aside for Delhi Depot sales.

In conclusion, the appeal was partly allowed, confirming the duty demand components related to stock transfer and a calculation mistake, while setting aside the demand for Delhi Depot sales. The appellants were granted credit for the duty paid on the stock transfer to their second unit. The judgment highlighted the importance of considering different classes of buyers when determining duty amounts, as established by precedent decisions and upheld by the Tribunal.