2002 (7) TMI 111 - HC - Central Excise

Summary

Issues:
1. Challenge to the constitutional validity of new Section 4 of the Central Excises and Salt Act, 1944.
2. Refund claim of Excise duty due to inclusion of post-manufacturing expenses.
3. Rejection of refund claim as time-barred.
4. Disallowance of deductions for post-manufacturing expenses like secondary packaging and bill discount charges.

Issue 1: The petition challenged the constitutional validity of new Section 4 of the Central Excises and Salt Act, 1944, and the orders disallowing certain post-manufacturing expenses from the assessable value. The Apex Court upheld the constitutional validity of Section 4, leaving the only issue of determining the permissibility of deductions as post-manufacturing expenses.

Issue 2: The petitioners sought a refund of Excise duty amounting to Rs. 40,18,805.60 due to the inclusion of certain post-manufacturing expenses in the assessable value. The petitioners specifically contested the disallowance of deductions for expenses like secondary packaging and bill discount charges.

Issue 3: The Assistant Commissioner of Central Excise rejected the refund claim as time-barred, citing that the payments made were not under protest and the refund claim exceeded the prescribed period under the Act. The court upheld this decision, emphasizing the lack of specificity in the protest letter regarding post-manufacturing expenses.

Issue 4: Regarding the deduction for secondary packaging, the court found that the use of hessian cloth for all deliveries, regardless of specific customer requests, constituted normal packing included in the assessable value. The denial of deduction for secondary packaging as post-manufacturing expenses was justified, following the decision in Union of India v. MRF. Similarly, the interest charges for bill discounting were not considered post-manufacturing expenses, as they were related to overdraft facilities and premature encashment.

The court dismissed the petition, upholding the validity of the order to pay the balance amount of Excise duty with interest. The petitioners were directed to pay the balance, and the bank guarantee provided would be encashed if necessary. The court granted a 12-week stay on the execution of the order, preventing the encashment of the bank guarantee during this period.