2001 (4) TMI 150 - AT - Central Excise

Summary

Issues:
1. Duty demand on goods bought from the market and supplied to the project.
2. Duty demand on notional interest on advances.

Analysis:
1. The duty demand in the present appeal consisted of two parts. The first part involved a demand of about Rs. 35 lakhs for goods bought by the appellants from the market and supplied to the project. The appellants argued that they were not liable for duty on these bought-out items as they did not undertake any manufacturing activity on them or use them in the manufacture of new products. The Tribunal agreed with the appellants, stating that there was no duty liability on the appellants for these goods as they were not the manufacturers and did not utilize the items in the production of excisable products. Therefore, the duty demand of Rs. 35 lakhs in respect of bought-out goods was deemed unjustified and set aside.

2. The second part of the duty demand, amounting to about Rs. 12 lakhs, was related to notional interest on advances. The appellants contended that the payment for the goods supplied was as per the contract terms, with the final payment due only upon project completion. They argued that no reduction in the price of goods supplied had been made due to payment in installments, and the Revenue had not proven otherwise. The Tribunal found that the duty demand on account of notional interest on advances was not justified, as there was no evidence to suggest that the goods supplied were undervalued due to the payment terms. The demand was deemed to fail.

3. The Departmental Representative argued that the demand was justified as the bought-out items were identifiable parts of electricity generator machinery and payments were being received in advance of supply. However, the Tribunal found no merit in this argument, emphasizing that the appellants were not liable for duty on items they did not manufacture or use in the production of excisable goods. Therefore, the appeal was allowed, the impugned order was set aside, and the appellant's deposit was to be returned in light of the duty demand being overturned.