1995 (10) TMI 128 - AT - Central Excise

Summary

Issues Involved:
Assessable value determination, applicability of Notification No. 175/86, constitutionality of para 7 of the notification, conflicting views of High Courts, Tribunal's jurisdiction in light of conflicting views.

Assessable Value Determination:
The case involved the assessable value of goods manufactured by the appellant, which were assessed by the Addl. Collector of Central Excise. The value was disputed due to the inclusion of the cost of manufacturing metal plates bearing a brand name, leading to excise duty liability and penalties for the manufacturer and another party.

Applicability of Notification No. 175/86:
The department relied on paragraph 7 of Notification No. 175/86, which restricts exemption if specified goods are affixed with a brand name of another person not eligible for exemption. The constitutionality of this provision was challenged in various High Courts, resulting in conflicting decisions.

Constitutionality of Para 7 of the Notification:
The Tribunal considered conflicting views of High Courts on the constitutionality of para 7 of the notification. It was highlighted that the Tribunal has the judicial freedom to adopt the view considered appropriate, irrespective of High Court decisions, but must adhere to Supreme Court rulings.

Conflicting Views of High Courts and Tribunal's Jurisdiction:
The Tribunal addressed the conflict of views among High Courts regarding the constitutionality of the notification. It emphasized that the Tribunal must follow the decision of the jurisdictional High Court unless it has not ruled on the matter. In cases of conflicting interpretations, the Tribunal may formulate its own view.

Conclusion:
The Tribunal found that the manufacturer was not liable for excise duty and penalties as the conditions of para 7 of the notification were not met. The goods did not have the brand name affixed by the manufacturer, entitling the appellant to the benefit of the notification. The impugned order was set aside, and the appeals were allowed with consequent relief.