1997 (7) TMI 347 - AT - Central Excise

Summary

Issues:
1. Liability of duty on interest on bills collected from customers.
2. Duty liability on packing charges.
3. Assessment of duty on freight and forwarding charges.
4. Duty liability on the sale of operation manual separately.
5. Contention regarding the period of limitation in the show cause notice.

Analysis:
1. Interest on Bills:
The appellants contested the demand of duty on interest on bills, arguing that these charges were not collected by them but by the customers' bankers. Citing a Supreme Court judgment, the advocate emphasized that interest on bills is not liable to duty. The tribunal agreed, noting that the interest was collected by the customers' bankers, not the appellants, thus exempt from duty.

2. Packing Charges:
Regarding packing charges, the advocate clarified that they were only collected when customers requested special packing. The tribunal observed that the charges were for safeguarding goods during transit, not for wholesale market delivery. Relying on precedent, the tribunal ruled that duty was not applicable to such customer-requested packing charges.

3. Freight and Forwarding Charges:
The department alleged duty on freight charges, but the appellants lacked evidence of actual transportation costs incurred. Despite the absence of evidence, the tribunal upheld the duty, as the appellants failed to prove that the collected charges did not include any profit element.

4. Operation Manual Charges:
The dispute over charges for operation manuals sold by the appellants was settled by clarifying that these manuals were not manufactured by the appellants and were not part of the excisable goods. As such, no duty liability arose on these charges.

5. Limitation Issue:
The appellants raised a limitation issue, arguing that the show cause notice did not specify a period of limitation. The tribunal remanded the matter to the adjudicating authority for a determination on limitation, as the notice lacked clarity on this aspect. The duty confirmation on freight charges was made subject to the adjudicating authority's findings on limitation.

In conclusion, the tribunal disposed of the appeal based on the above analysis, addressing each issue raised by the appellants and the department, providing detailed reasoning for its decisions, and ensuring a fair consideration of all arguments presented.