1997 (8) TMI 180 - AT - Central Excise

Summary

Issues:
1. Failure to pay duty on "acetoning charges"
2. Inclusion of "acetoning charges" in the assessable value
3. Bar of limitation regarding rental charges
4. Allegation of suppression of material facts

Analysis:

The judgment pertains to an appeal where the Appellant, engaged in manufacturing acetylene gas, was found to have collected "acetoning charges" separately without paying duty on them. The Additional Collector confirmed the demand for duty on these charges, stating that acetone in the cylinder is used as a solvent for acetylene gas, making the charges part of the assessable value. The Tribunal cited previous decisions and technical references to support this conclusion, emphasizing that acetylene gas cannot be marketed without acetone. The Tribunal upheld the demand for duty on "acetoning charges."

Regarding the rental charges collected for cylinders, the Additional Collector abandoned the demand due to the bar of limitation. The Tribunal did not interfere with this aspect of the decision.

The Appellant contended that the show cause notice was time-barred as it did not specifically invoke the proviso to Section 11A(1) of the Central Excise Act, 1944. However, the Tribunal held that although the notice did not explicitly mention the provision, it clearly alleged suppression of material facts regarding the collection of acetoning charges. The Tribunal found that the Appellant had intentionally omitted disclosing these charges in the price lists to evade duty, justifying the imposition of duty based on suppression.

Ultimately, the Tribunal dismissed the appeal, finding no grounds to interfere with the Additional Collector's decision. The judgment underscores the importance of disclosing all relevant charges in price lists to avoid allegations of evasion and emphasizes the inclusion of charges like "acetoning charges" in the assessable value for excisable products.