1997 (1) TMI 284 - AT - Central Excise

Summary

Issues:
1. Interpretation of exemption Notification No. 83/83 for duty exemption on first clearances.
2. Reckoning of assessable value for determining duty payment.
3. Impact of partial exemption under Notification No. 245/83 on valuation method.

Analysis:
1. The appeal challenged the order confirming duty payment issued by the Collector (Appeals) based on the Assistant Collector's decision regarding the appellant's entitlement to duty exemption under Notification No. 83/83 for first clearances up to Rs. 7.5 lakhs between 1-4-1984 to 20-7-1984.

2. The appellant contended that the assessable value should be calculated by deducting the excise duty element as per the exemption notification. However, the Department argued that for clearances up to Rs. 7.5 lakhs with full exemption, the duty element cannot be deducted to arrive at a lower assessable value, a stance upheld by the Tribunal.

3. The appellant raised the issue of partial exemption under Notification No. 245/83, stating that the valuation method for retail prices under this notification should impact the assessable value calculation for Notification No. 83/83. The Tribunal clarified that the valuation method under Notification No. 245/83 does not alter the valuation method prescribed in Section 4 of the Central Excise Act, 1944. The exemption under Notification No. 245/83 is based on retail prices after a 15% discount and does not affect the assessable value calculation under Notification No. 83/83.

4. The Tribunal dismissed the appeal, concluding that the appellant's method of deducting the duty element from the assessable value for first clearances under Notification No. 83/83 was incorrect. The Tribunal emphasized that the valuation method under Notification No. 245/83 does not impact the assessable value calculation for duty payment purposes under Notification No. 83/83.

5. In summary, the Tribunal upheld the Department's position that for clearances up to the exemption limit of Rs. 7.5 lakhs under Notification No. 83/83, the duty element cannot be deducted from the assessable value. Additionally, the Tribunal clarified that the valuation method under Notification No. 245/83 does not alter the prescribed valuation method under the Central Excise Act, 1944, for determining assessable value.