1998 (8) TMI 309 - AT - Central Excise

Summary

Issues:
Short payment of duty on loading charges of PSC Poles in assessable value, wilful mis-statement, suppression of facts, contravention of rules, penalty imposition, inclusion of loading charges in assessable value, time limitation for demand.

Analysis:
1. Short Payment of Duty and Penalty Imposition:
The case involves an allegation of short payment of duty amounting to Rs. 20,774 due to the non-inclusion of loading charges of Pre-stressed Concrete Poles (PSC Poles) in the assessable value. The department issued a show cause notice based on wilful mis-statement or suppression of facts by the appellants. The adjudicating authority confirmed the duty amount and proposed a penalty of Rs. 2,000. The main issue revolves around whether the loading charges should be considered in the assessable value of the goods.

2. Appellant's Argument:
The appellant's representative argued that loading charges for transportation should not be included in the assessable value as loading is part of transportation, and the responsibility for loading and packing lies with the customer. The appellant contended that the loading charges were reimbursed by the customer, and hence should not be part of the assessable value. Additionally, the appellant highlighted that private contractors were paid a consolidated sum for various activities, including loading, packing, transportation, and unloading, with no separate charges for loading.

3. Department's Argument:
The JDR representing the department cited a Supreme Court judgment to support the inclusion of loading charges in the assessable value of excisable goods. The department argued that the concept of value at the time and place of removal of goods prevails, and loading charges are part of the assessable value. The JDR also justified the inclusion of Rs. 8 per PSC Pole as loading charges in the absence of a detailed breakup provided by the appellants.

4. Judgment and Conclusion:
The Tribunal upheld the inclusion of loading charges in the assessable value, as the value under Section 4 of the Act pertains to delivery at the factory gate. The Tribunal found the addition of Rs. 8 per PSC Pole reasonable, considering the lack of detailed breakdown from the appellants. Regarding the time limitation for the demand, the Tribunal agreed with the department's argument that the evidence presented did not support the appellant's claim of the department's prior awareness. Consequently, the appeal was dismissed, and the decision of the adjudicating authority was upheld.

In conclusion, the Tribunal ruled in favor of the department, affirming the inclusion of loading charges in the assessable value of the PSC Poles and rejecting the appellant's arguments regarding the limitation for the demand.