1998 (8) TMI 356 - AT - Central Excise

Summary

Issues:
Appeal against multiple orders of Collector (Appeals) regarding refund claims and demands based on composition and weight discrepancies in goods sold to Bhilai Steel Plant.

Analysis:
The appellant, involved in manufacturing ferro-manganese alloys, sold goods to Bhilai Steel Plant based on contracts specifying prices determined by composition and weight. Discrepancies arose when tests at Bhilai Steel Plant showed lower manganese content and weight, leading to lower prices than declared by the appellant. The lower authorities held that declared composition and weight at clearance determined the normal price, rejecting refund claims. However, the Tribunal disagreed, emphasizing that buyer-determined composition and weight should prevail for assessable value calculation. The Department failed to prove pre-clearance composition and weight accuracy or post-clearance alterations, supporting buyer's determinations. Thus, the Tribunal set aside the Collector (Appeals) orders, remanding for reassessment based on buyer's determinations, allowing refunds if justified under law.

In conclusion, the Tribunal's decision favored buyer-determined composition and weight over pre-clearance declarations for calculating assessable value and duty. The judgment highlighted the importance of honoring contractual terms and buyer's determinations in cases of discrepancies, ensuring fair assessment and refund entitlements.