1999 (1) TMI 136 - AT - Central Excise

Summary

Issues:
Determining assessable value of goods based on sales through related persons, imposition of penalty for alleged suppression of facts.

Analysis:
The appeal was filed by M/s. Avon Scales Co. challenging an order confirming the demand of Central Excise Duty and imposing a penalty. The dispute revolved around the assessable value of goods, particularly weighing scales, manufactured by the appellants. The Collector of Central Excise had demanded duty due to the majority of sales being made through related persons, triggering differential duty calculations.

The appellant's advocate argued that no preferential treatment was given to the trading partnership concern despite the familial relations between partners of the manufacturing and trading firms. He contended that the assessable value should be based on normal prices, not the prices at which goods were sold through related concerns. The advocate also emphasized that all relevant facts were disclosed to the Department, and there was no suppression. He challenged the penalty imposition, asserting that it was unwarranted.

On the other hand, the JDR for the Revenue highlighted that most sales were routed through related persons, justifying the use of related concern prices for determining the assessable value. He pointed out that full details were not initially provided, leading to demand quantification in a corrigendum.

The Tribunal noted the familial relationships between partners of the manufacturing and trading concerns. It was established that the two entities were related persons, influencing the correct determination of duty based on prices from related concerns. The Tribunal acknowledged that there was no suppression of facts, leading to the setting aside of the penalty imposed.

Ultimately, the Tribunal confirmed the part of the order related to the demand of Central Excise Duty but set aside the penalty imposition. The Tribunal also addressed the appellant's concern regarding the quantification of demand, directing appropriate relief upon verification of eligible deductions. The appeal was disposed of based on these considerations.