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2001 (1) TMI 111 - AT - Central Excise
Issues involved: Interpretation of Section 4A of the Central Excise Act, 1944 regarding valuation of aerated waters for duty calculation.
Summary: The appeal before the Appellate Tribunal CEGAT, Court No. I, New Delhi, involved a dispute regarding the valuation of aerated waters for Central Excise duty calculation under Section 4A of the Central Excise Act, 1944. The appellant manufactured aerated waters subject to the Standards of Weight and Measures (Package Commodity) Rules, 1977. The Department alleged duty evasion based on different maximum retail prices (MRP) printed on bottles for sales in different regions. Show cause notices were issued demanding duty payment for the period from 1-9-1997 to 30-9-1999. The adjudicating authority confirmed the duty demand, leading to the appeal. For the period in question, the provisions of the Finance Act, 2000 were deemed irrelevant as they did not have retroactive application. The Tribunal emphasized that the pre-amendment Section 4A was applicable to the case. The appellant's goods were covered by the Standards of Weights and Measures Act, 1976, with differing MRPs for sales in different regions. The duty was paid based on the MRP for sales within Goa, but the Department sought duty based on the higher MRP for sales in Maharashtra and other states. Both parties agreed that the pre-amendment Section 4A applied, with an abatement of 40% allowed by the Central Government. The Tribunal clarified that duty should be calculated based on the MRP printed on the packet, even if multiple MRPs were present on different packets. Assessing duty based on a higher MRP from a different region would violate statutory provisions. The Tribunal disagreed with the Referral Bench's concern about duty evasion due to the Finance Act of 2000, stating it was irrelevant to the case. The Tribunal upheld its previous decision in a similar case, finding the Department's differential duty claim illegal. Ultimately, the Tribunal allowed the appeal, setting aside the impugned order and granting any consequential reliefs.
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