2000 (8) TMI 173 - AT - Central Excise

Summary

Issues: Calculation of duty on goods removed from factory to depot and sold at depot.

The Appellate Tribunal considered three appeals where the appellant, a company engaged in manufacturing computer line printers, cleared goods from their factory at one price but sold them at a different price from their depot. The issue arose when the department demanded differential duty on goods sold at higher prices from 1997 onwards, despite the appellant's argument that duty should be paid at the time of stock transfer based on depot prices. The department issued show cause notices, and the adjudicating authority confirmed the demand for duty based on depot sale prices, contrary to the Circular dated 14-10-1996 by CBEC. The Tribunal found that the duty should be assessed based on the price prevailing at the time of removal from the factory, not at the time of sale from the depot, as per legal precedent and the Circular. Therefore, the Tribunal set aside the orders of the adjudicating and appellate authorities, ruling in favor of the appellant.

The appellant's counsel highlighted that the department had already recovered the amount under the impugned orders. The Tribunal directed the department to return the entire recovered amount promptly, within two months of receiving the order copy.