Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 1999 (10) TMI AT This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1999 (10) TMI 140 - AT - Central Excise

Issues Involved:
1. Determination of the correct value for excise duty assessment.
2. Validity of ex-factory prices versus depot prices for duty assessment.
3. Legitimacy of penalties and confiscation ordered by the adjudicating authority.

Detailed Analysis:

1. Determination of the Correct Value for Excise Duty Assessment:

The core issue in these appeals was the determination of the correct value for excise duty assessment on decorative laminates manufactured by the appellant company. The period under consideration was from 1-2-1991 to 30-9-1995. The appellant sold goods both at the factory gate and through various depots. The central excise authorities questioned whether the price shown in the Part I price lists, approved by them for factory gate sales, represented the true sale consideration, as goods sold through depots fetched higher prices. The authorities issued a show cause notice demanding a differential duty of Rs. 8,16,85,476.22, alleging under-declaration of value.

2. Validity of Ex-Factory Prices Versus Depot Prices for Duty Assessment:

The appellant contended that excise duty should be levied based on the wholesale price at the factory gate, as per Section 4(1)(a) of the Central Excises & Salt Act, 1944, which mandates that the value for duty is the price at which goods are sold to a buyer in the course of wholesale trade at the factory gate, provided the buyer is not a related person and the price is the sole consideration for the sale. The adjudicating authority, however, confirmed the demand, arguing that the significant difference between ex-factory prices and depot prices indicated that the ex-factory prices were not genuine.

The Tribunal found that the sales at the factory gate, which constituted 25% of the total sales, were made to 116 wholesale dealers who were not related to the manufacturer. There was no evidence to suggest that these sales were not at arm's length or that any additional consideration flowed from the purchasers to the manufacturer. The Tribunal emphasized that when the factory gate price under Section 4(1)(a) is ascertainable, it alone should be the basis for duty assessment, as upheld by the Supreme Court in Indian Oxygen Ltd. v. C.C.E. and Baroda Electric Meters v. C.C.E.

3. Legitimacy of Penalties and Confiscation Ordered by the Adjudicating Authority:

The adjudicating authority had imposed significant penalties on the company and its directors and officers, and ordered the confiscation of the company's land, plant, building, and machinery, with an option to redeem them on payment of a fine. The Tribunal found that the authorities had misunderstood the legal provisions and had no grounds to ignore the ex-factory prices. The Tribunal noted that the evidence, including statements from wholesale dealers and recovered documents, did not disprove the genuineness of the ex-factory prices. The Tribunal concluded that the authorities' reliance on depot prices and recovered slips was misplaced and did not justify the penalties and confiscation ordered.

Conclusion:

The Tribunal set aside the impugned order, holding that the ex-factory prices were valid for duty assessment under Section 4(1)(a) of the Act. The appeals were allowed, and the bank guarantee furnished by the appellants was released. The Tribunal criticized the authorities for their lack of understanding of the legal provisions, which led to an unnecessary and futile exercise.

 

 

 

 

Quick Updates:Latest Updates