2008 (1) TMI 212 - AT - Central Excise

Denial of provisional assessment to appellant - Rules 7, allow the assessee to make payment of duty on provisional basis where he is unable to determine the price of his products assessee s plea that the prices of asbestos sheets are highly fluctuating and often credit notes are issued to dealer after clearance of goods has been accepted by the adjudicating authority - authorities below are directed to permit the appellant to clear goods by allowing provisional assessment

Summary

Issues:
1. Denial of provisional assessment under Rule 7 of the Central Excise Rules, 2002 for Asbestos Cement Sheets.

Analysis:

The appellant sought provisional assessment for their product, Asbestos Cement Sheets, due to the highly fluctuating market price, making it challenging to determine the price until the product is sold. The Commissioner (Appeals) upheld the Asst. Commissioner's order denying provisional assessment for goods cleared through dealers, citing that the transaction value is known at the time of clearance and cannot be changed later. However, the appellant argued that the nature of the goods makes the price unascertainable, justifying their request for provisional assessment. The Tribunal noted that the Rules allow provisional assessment when the assessee is unable to determine the value of goods, without any requirement for the value to be completely indeterminable. Since the appellant's plea regarding fluctuating prices and issuance of credit notes to dealers was not refuted, the Tribunal considered the request genuine and overturned the Commissioner (Appeals) order, directing authorities to permit provisional assessment for goods clearance.

In conclusion, the Tribunal's decision highlights the importance of genuine reasons for seeking provisional assessment under Rule 7 of the Central Excise Rules, 2002. The judgment emphasizes that the inability to precisely determine the price of goods, even if fluctuating, can justify a request for provisional assessment. The ruling ensures fairness for assesses facing challenges in determining accurate values for excisable goods, providing a mechanism for provisional duty payment in such circumstances.