1997 (3) TMI 337 - AT - Central Excise

Summary

Issues: Appeal against Orders passed by the Commissioner (Appeals) confirming Orders by Assistant Commissioner relating to Purchase Tax on inputs, Turn-over Tax on finished products, loading, unloading, transportation, insurance charges, and charges for captive power generation.

Purchase Tax on Inputs: The appellant collected Purchase Tax from buyers over and above the approved price of finished products. The collected amount forms part of the wholesale price and should reflect in the assessable value, justifying the demand made.

Turn-over Tax on Finished Products: The appellant collected Turn-over Tax in addition to the approved price. The duty was demanded as the Turn-over Tax collected was not paid to the Government in full. The appellant claimed that part of the tax was paid and the rest stayed by the High Court. The Departmental Representative stated no tax documents were produced. The Tribunal directed the appellant to provide tax documents for verification by the adjudicating authority.

Charges for Captive Power Generation: The appellant collected extra charges for power generation due to inadequate supply from the Electricity Board. The Tribunal upheld the demand on the extra amount collected, stating it increased the wholesale price and the appellant's profit.

Separate Charges: Duty was demanded on charges collected separately, which the appellant claimed were for loading, unloading, transportation, and insurance. The appellant was given an opportunity to produce documents for verification of the balance amount collected.

Deduction for Tin Containers: The appellant sought a deduction for the cost of tin containers used for packaging vanaspati, claiming they were durable and returnable. The Tribunal denied the deduction, stating there was no evidence of an arrangement for container return and refund. The Orders were set aside partially, allowing deductions for Turn-over Tax and certain charges, remanding the case for reevaluation with necessary documentary evidence.

Conclusion: The Tribunal confirmed the Orders on most aspects but allowed appeals concerning deductions for Turn-over Tax and specific charges. The appellant was directed to produce required documents for reevaluation, while the deduction for tin containers was denied due to lack of evidence of a return arrangement.