2000 (11) TMI 250 - AT - Central Excise

Summary

Issues involved: Appeal against Order-in-Original confirming demand and penalty under Section 11AC of Central Excise Act for inclusion of cost of component in assessable value of final product.

Summary:
The appeal was filed by M/s. Jay Yushin Ltd. against the Order-in-Original confirming a demand and penalty under Section 11AC of the Central Excise Act. The Tribunal held that the cost of the component, received free of cost and used in the manufacture of the final product, should be included in the assessable value of the final product.

The Larger Bench of the Tribunal clarified that revenue neutrality must be established in each case and misuse of a scheme would not be a valid defense. It was emphasized that the neutral situation must relate to the credit available to the assessee and not the buyer of the manufactured goods. The Tribunal endorsed the view that once an assessee chooses to pay duty, they must accept all consequences.

The Tribunal found that the appellants had suppressed facts by declaring no extra consideration despite receiving components free of cost. The demand of duty confirmed under Section 11A(1) by invoking an extended period of limitation was upheld.

Regarding the penalty, the appellant argued for a lesser penalty citing precedents where penalties were reduced based on the gravity of the offense. The Tribunal considered the facts and circumstances, ultimately ordering the appellants to pay a reduced penalty of Rs. 30 lakhs. The penalty was imposed as the goods were cleared without proper duty payment, despite the appellants' belief that the cost of free components should not be considered.

In conclusion, the appeal was rejected with the modification of the penalty amount, emphasizing the importance of paying proper duty and complying with excise regulations.