1997 (3) TMI 279 - AT - Central Excise

Summary

Issues: Duty demanded on assessable value, inclusion of various items in clearances, penalty imposition, justification of penalties on concern and proprietor.

Analysis:
1. Duty Demand on Assessable Value: The appellant was charged with not including Rs. 8.98 lacs in the assessable value of their clearances. The first issue arose concerning furniture supplied to Andheri Recreation Club. The appellant argued that they provided services in exchange for payment, not manufacturing goods, hence the amount should not be included in the assessable value.

2. Inclusion of Various Items in Clearances: The second count involved furniture worth Rs. 7.40 lacs sold by the appellant, which was allegedly not included in the assessable value. The appellant claimed they purchased the furniture, and the delay in providing bills should not imply manufacturing. Additionally, furniture worth Rs. 1.10 lacs in the showroom was contested as not cleared for home consumption, thus should not be included in clearances.

3. Penalty Imposition: The Departmental Representative argued that evidence like delivery challans and statements indicated manufacturing at the appellant's factory. However, discrepancies in bill submission and location of seized furniture raised doubts. The Tribunal found the issues arguable, directing the appellant to deposit Rs. 1.00 lac within two months. Upon compliance, the balance amount of duty and penalty would be waived, and machinery protection ensured.

4. Justification of Penalties on Concern and Proprietor: The contention regarding separate penalties on the concern and its proprietor was raised. The Tribunal's decision to waive the balance amount of duty and penalty upon deposit indicated a consideration of the proportionality and justification of penalties imposed. The Tribunal's ruling aimed to balance the interests of the appellant while ensuring compliance with duty obligations.