1998 (11) TMI 332 - AT - Central Excise

Summary

Issues:
Approval date effect on price list value.

Analysis:
The appeal involved a dispute over the effective date of a revised price list submitted by the Appellants due to budgetary changes. The central issue was whether the reduced value in the price list, resulting from an increase in Special Excise Duty, should be effective from the date of filing or the date of approval by the proper officer. The Collector (Appeals) held that the price list would be effective from the date of filing, while the Appellant Revenue argued that approval usually takes effect from the date of approval. The Appellant Revenue contended that the reduction in assessable value required prior approval by the proper officer as per Rule 173C(vi) and should be effective only from the date of approval, not from the date of filing.

The Respondents, however, argued that the reduction in value was a consequential effect of an increase in the rate of Special Excise Duty and should be effective from the date of filing. They cited a Tribunal decision in a similar case, emphasizing that the final approval order relates back to the date of filing the price list. The Respondents also referred to other Tribunal decisions supporting their stance that the approval of a revised price list should be effective from the date of the price list, not just from the date of approval.

In its judgment, the Tribunal found the facts of the case to be identical to previous decisions cited. The Tribunal upheld the impugned order, rejecting the appeal and affirming that the reduced value in the price list should be effective from the date of filing, in line with the consistent interpretation of the law in similar cases. The Tribunal concluded that there was no reason to differ from the decisions based on identical facts, thereby settling the dispute over the effective date of the revised price list.

In summary, the judgment clarified the legal position regarding the effective date of a revised price list, emphasizing that in cases where the value is reduced due to external factors like an increase in duty rates, the approval of the revised price list should be effective from the date of filing, not just from the date of approval by the proper officer. The decision provided clarity on the interpretation of relevant rules and established a consistent approach to such cases based on previous Tribunal decisions.