1993 (2) TMI 194 - AT - Central Excise

Summary

Issues:
1. Rectification of error in appeal memo regarding quantification of demand.
2. Maintainability of appeal due to provisional assessment order.
3. Inclusion of CFC value in assessable value of cigarettes.
4. Interpretation of Section 35 of the Central Excises and Salt Act, 1944.
5. Merits of the case regarding the inclusion of packing cost in the assessable value of cigarettes.

Analysis:

1. The appeal filed by M/s. Masters Tobacco Company challenged the order of the Collector of Central Excise (Appeals) confirming a demand of Rs. 25,07,513.79. An error in the appeal memo regarding the quantification of demand was rectified upon the oral prayer of the advocate, with no objection from the respondent.

2. The issue of maintainability arose due to the provisional assessment order. The advocate argued that the judgment in the case of Union of India v. Godfrey Phillips India Ltd. was not considered by the Assistant Collector, leading to the rejection of the appeal. However, the Tribunal found the appeal maintainable as per Section 35 of the Central Excises and Salt Act, 1944.

3. The dispute centered around the inclusion of CFC value in the assessable value of cigarettes. The advocate relied on the Godfrey Phillips case and emphasized that the CFC value should not be included. The Tribunal found merit in the argument, citing relevant judgments and holding that the CFC value should not be considered for excise duty assessment.

4. The Tribunal interpreted Section 35 of the Act, emphasizing that any person aggrieved by an order of a Central Excise Officer lower in rank than a Collector of Central Excise can appeal to the Collector (Appeals). The Tribunal referred to precedents to support the view that the appeal in this case was maintainable.

5. On the merits of the case, the Tribunal found that the inclusion of packing cost in the assessable value of cigarettes was not justified. Citing the Godfrey Phillips case, the Tribunal held that the cost of further packing in corrugated fibre board containers should not be included in the excise duty assessment. Therefore, the Tribunal ruled in favor of the appellants and dispensed with the predeposit of the duty amount during the appeal's pendency.