1996 (10) TMI 251 - AT - Central Excise

Summary

Issues:
1. Interpretation of Section 4 of the Central Excises Act, 1944 regarding duty payable on goods sold at a reduced price.
2. Refund claims based on the difference between the contracted price and the actual selling price of goods.
3. Disagreement between the Assistant Collector and the Collector (Appeals) on the applicability of duty on goods diverted to another customer at a lower price.

Analysis:
The judgment by the Appellate Tribunal CEGAT, New Delhi involved a dispute where the Collector of Central Excise, Indore, appealed against the decision of the Collector (Appeals) regarding three refund claims made by the respondent, a manufacturer and seller of chemicals. The Assistant Collector rejected the refund claims, arguing that duty should be based on the original contracted price, not the reduced price at which the goods were sold to another customer. However, the Collector (Appeals) overturned this decision, emphasizing that duty should be calculated based on the actual selling price to the customer who took delivery.

The respondent had contracts with different buyers for selling chemicals at varying prices. Due to unforeseen circumstances, one customer (A) declined to take delivery of consignments at the higher contracted price, leading the respondent to divert the goods to another customer (B) at a lower price agreed upon in their contract. The Tribunal noted that the goods were diverted to B at the price specified in their contract, and if the consignments had been returned to the factory and sold to B, duty would have been payable at the lower price agreed with B. The judgment highlighted that if goods cleared at a higher price for one customer are diverted to another customer at a lower price, the excess duty should be refunded, as ruled by the Collector (Appeals).

The Tribunal found no grounds to interfere with the decision of the Collector (Appeals) and dismissed the appeals. The judgment clarified the application of duty under Section 4 of the Central Excises Act, 1944, emphasizing that duty should be calculated based on the actual selling price to the customer who ultimately takes delivery of the goods, even if it differs from the originally contracted price. The ruling underscored the importance of honoring the agreed prices in contracts and the necessity of refunding excess duty in cases of goods diverted to customers at lower prices than initially intended.