2002 (7) TMI 155 - AT - Central Excise

Summary

Issues involved: Appeal against order of ld. Commissioner confirming Central Excise Duty demand, penalty, and interest.

Central Excise Duty Demand: Appellants, manufacturers of V.P. Sugar and molasses, challenged levy sugar prices fixed by the Govt. of India for the period 1974-75 to 1979-80. After a Supreme Court order for revision of prices, the Govt. did not pay the differential levy prices' excise duty to the appellants, leading to a withheld payment of Rs. 3,38,08,401/-. The appellants argued that a circular clarified that demands on revision of prices for the mentioned period had been set aside by CEGAT and Supreme Court in various cases. The Tribunal held that the amount received was not additional consideration under Proviso II to Section 4(1)(a), setting aside the impugned order and allowing the appeal.

Penalty and Interest: In addition to confirming the Central Excise Duty demand, the ld. Commissioner imposed a penalty equal to the demand amount and ordered payment of interest. The Tribunal, after considering the submissions, clarification by the Board, and case law cited by the appellant, held that the amount received was not additional consideration, leading to setting aside of the impugned order and allowing the appeal.