1997 (7) TMI 415 - AT - Central Excise

Summary

Issues:
1. Request for adjournment of appeals.
2. Short payment of duty and unauthorised receipt of fabrics.
3. Application of Ujagar Prints judgment on duty liability and valuation.
4. Interpretation of Notification 305/77 and its relevance.
5. Imposition of penalty in case of demand failure.

1. Request for adjournment of appeals:
The appellants sought adjournment citing the preoccupation of their advocate with another hearing. The Tribunal rejected the request, proceeding with the hearing with the respondent's representative.

2. Short payment of duty and unauthorised receipt of fabrics:
Various appellants were processing fabrics supplied by merchant manufacturers and paying duty based on the declared value. Allegations of short payment of duty and unauthorized fabric receipt were made, leading to demand notices and penalties imposed by the Additional Collector of Central Excise, Vadodara. The order was challenged concerning the demand for short-levy.

3. Application of Ujagar Prints judgment on duty liability and valuation:
The Tribunal applied the Supreme Court decisions in Ujagar Prints to determine duty liability and valuation in cases where processing was done by job workers on fabrics supplied by merchant manufacturers. The assessable value was determined based on raw material cost, job work value, and job worker's manufacturing profit, excluding the merchant manufacturer's profit.

4. Interpretation of Notification 305/77 and its relevance:
The Tribunal found that the price declared by the merchant manufacturer to the job worker did not impact the assessable value. It was held that the job worker's knowledge of the manufacturer's price was derived from the information provided, and there was no intention to evade duty unless proven otherwise.

5. Imposition of penalty in case of demand failure:
The Tribunal held that if the demand for differential duty failed, the question of imposing penalties did not arise. The Ujagar Prints clarificatory order was deemed to nullify the purpose of Notification 305/77 in determining assessable value, leading to the setting aside of the impugned order and allowing the appeals.