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1996 (11) TMI 186 - AT - Central Excise
Issues:
1. Duty demand on pre-shrunk length of fabrics. 2. Inclusion of art charges in the value for assessment. Analysis: Issue 1: Duty demand on pre-shrunk length of fabrics The appellant contended that duty cannot be demanded on the pre-shrunk length of fabrics as duty should be imposed on the processed fabrics. The appellant argued that since the fabrics shrink during the manufacturing process, duty should be levied on the imported fabrics in their processed form. The Collector (Appeals) acknowledged this argument and stated that the value for duty calculation should include the value of the grey cloth fabric. However, the Collector (Appeals) erred in confirming the duty demand based on the original length of the fabrics taken for processing. The appellate tribunal agreed that duty should be calculated based on the shrunk material after processing, not on the original length. Therefore, the duty demand needed to be reevaluated considering the fabrics in their processed form post-shrinkage. Issue 2: Inclusion of art charges in the value for assessment Both lower authorities confirmed that the appellant collected art charges separately from customers. The appellant did not dispute this fact in the appeal. The consultant admitted that the art charges were collected and should be added to the value for assessment. Consequently, the appellate tribunal upheld the lower authorities' decision regarding the inclusion of art charges in the assessment value. As the appellant did not challenge or deny the collection of art charges, the tribunal dismissed the appeal, affirming the decision to include these charges in the assessment value. In conclusion, the appellate tribunal clarified that duty should be imposed on the processed fabrics post-shrinkage, not on the pre-shrunk length. Additionally, the tribunal upheld the decision to include art charges in the assessment value since the appellant had collected these charges from customers. The appeal was dismissed, confirming the lower authorities' rulings on both issues.
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