2000 (9) TMI 106 - AT - Central Excise

Summary

Issues involved:
The issues involved in this case include incorrect assessment of excise duty on grey fabrics processed by a job worker, imposition of penalty on traders and job worker for not declaring the actual value of the fabric, compliance with legal provisions governing job work liability under the Excise Act, and the applicability of the extended period of limitation for invoking duty liability.

Summary:
1. The appeals were filed against an adjudication order passed by the Commissioner, Central Excise, Jaipur, concerning job workers, traders, and employees involved in processing grey fabrics. The Department alleged that the job worker did not correctly assess the value of the fabrics supplied, leading to short-levy of duty and imposition of penalties on traders and the job worker.

2. The liability of the job worker under the Excise Act was analyzed in reference to a Supreme Court decision, emphasizing the declaration of selling price by traders for assessing excise duty. The Department failed to prove that the job worker suppressed the declared value, as per the legal principles outlined by the Supreme Court.

3. The Departmental Representative relied on documents to support the order, arguing for a higher assessable value based on the trader's profit margin. However, the Tribunal upheld the job worker's compliance with the declared value by the trader, as mandated by law, rejecting the Department's attempt to shift duty liability.

4. The show cause notice issued beyond six months from the relevant period was challenged on grounds of limitation, as the job worker had provided all necessary details to the Department in a timely manner. The Tribunal found the Department's actions barred by limitation and set aside the impugned order accordingly, granting relief to the appellants.