1997 (6) TMI 103 - AT - Central Excise

Summary

Issues:
- Appeal against Order-in-Appeal confirming rejection of benefit of Notification No. 120/75 by Assistant Collector.
- Dispute over sale of parts of textile machinery to a sole buyer at allegedly low prices.
- Allegation of relationship between manufacturer and sole buyer influencing prices.
- Application of clauses (iii), (iv), and (v) of Notification No. 120/75.
- Interpretation of "relationship" under clause (iv) of the notification.
- Defects in the impugned orders and absence of specific allegations in the show cause notice.
- Need for fresh consideration due to infirmities in the impugned order.

Analysis:
1. The appeal arose from the rejection of the appellant's claim for the benefit of Notification No. 120/75 by the Assistant Collector, upheld by the Collector (Appeals). The dispute centered around the sale of textile machinery parts to a sole buyer at discounted prices, with allegations of a relationship influencing pricing.

2. The appellant contended that despite selling all goods to one buyer, the transactions were genuine sales at normal prices. The Assistant Collector, however, found that the prices charged were reduced significantly for the sole buyer, indicating an attempt to evade excise duty.

3. The impugned orders raised issues not present in the show cause notice, such as the creation of a dummy buyer or absence of discounts. The interpretation of clauses (iii) and (iv) of the notification was crucial, with a focus on whether the prices were the sole consideration for sale and if any commercial relationship affected pricing.

4. The lower authorities failed to properly analyze the scope of clause (iv) regarding relationships between parties. The Collector (Appeals) invoked clause (v) without proper basis, leading to defects in the order and necessitating a fresh consideration by the adjudicating authority.

5. Due to the deficiencies in the impugned order and the failure to address key aspects of the notification, the Tribunal set aside the order and remanded the case for reevaluation, emphasizing the need for a personal hearing for the appellant.

6. In conclusion, the appeal was allowed, highlighting the importance of a thorough examination of the relevant clauses of the notification and the necessity for proper allegations in the show cause notice to ensure a fair adjudication process.