2002 (3) TMI 88 - AT - Central Excise

Summary

Issues involved:
1. Determination of 'place of removal' of goods
2. Reduction of penalty imposed by the original authority

Issue 1: Determination of 'place of removal' of goods

The case involved a dispute regarding the 'place of removal' of goods for the purpose of central excise duty calculation. The assessee contended that the goods were delivered at the factory gate, while the Revenue argued that the actual place of removal was the destination of the goods. The original authority invoked the extended period of limitation and held that the place of removal was the buyer's place, not the factory gate. The authority confirmed the duty demand, imposed penalties, and ordered interest payment. The Commissioner (Appeals) upheld the original authority's decision, citing previous tribunal decisions. The appellant argued that the facts of their case differed from the precedents relied upon, emphasizing that the goods were delivered and ownership transferred at Delhi/New Delhi. The tribunal analyzed the provisions of the Central Excise Act and Sale of Goods Act, determining that the transfer of possession to the buyer at Delhi/New Delhi constituted the place of removal. As a result, the freight charges from Delhi/New Delhi to the buyer's premises were not included in the assessable value.

Issue 2: Reduction of penalty imposed by the original authority

The original authority had imposed a penalty on the assessee, which was reduced by the Commissioner (Appeals) but still upheld. The appellant contested the penalty, arguing that the principles applied by the authorities were not applicable to their case. The tribunal, after detailed analysis of the terms of the contract, ownership transfer, and delivery of goods, concluded that the appellant was not liable for any short levy. Therefore, the tribunal allowed the appeal filed by the assessee while dismissing the appeal filed by the Revenue.

In conclusion, the tribunal's judgment clarified the determination of the 'place of removal' of goods for central excise duty calculation, emphasizing the transfer of possession to the buyer as the decisive factor. Additionally, the tribunal addressed the reduction of the penalty imposed by the original authority, ultimately ruling in favor of the assessee and dismissing the appeal by the Revenue.