2001 (3) TMI 151 - AT - Central Excise

Summary

Issues involved: Classification of activity of fabricating body on duty paid chassis as manufacture of Motor Vehicle, applicability of extended period of limitation for demanding duty u/s 11A(1) of the Central Excise Act.

Summary:
In the case before the Appellate Tribunal, the common issue was whether fabricating body on duty paid chassis constitutes the manufacture of a Motor Vehicle, classifiable under specific headings of the Central Excise Tariff Act or under a different heading. The Tribunal considered arguments from various parties and reviewed relevant legal precedents, including a decision by the Supreme Court in the matter of Kamal Auto Industries. The Tribunal noted that the classification of bodies built on chassis falls under a specific heading of the Tariff.

Regarding the demand for duty within the specified time limit, the Tribunal examined each appellant's case individually. It was observed that demands within the six-month period were upheld, while demands beyond that period were set aside. The Tribunal also addressed the issue of penalties, concluding that no penalty was imposable on the appellants due to the nature of the classification dispute and the actions taken by the Department.

Furthermore, the Tribunal confirmed that the appellants were eligible for Modvat credit of the duty paid on inputs, subject to providing necessary documentation. The Tribunal also clarified the determination of assessable value based on the cum duty price, as established in a previous decision by the Larger Bench of the Appellate Tribunal.

In conclusion, the Tribunal disposed of all appeals based on the above considerations and rulings, providing specific directives for each appellant's case.