2000 (5) TMI 223 - AT - Central Excise

Summary

Issues:
1. Jurisdiction of the show cause notice for including certain expenditures in the assessable value under the Central Excise Act.
2. Imposition of penalty under Section 11AC for transactions prior to its enactment.

Jurisdiction of the Show Cause Notice:
The case involved a show cause notice issued by the Commissioner, Central Excise, Kanpur, regarding the inclusion of certain expenditures in the assessable value of goods manufactured by the party. The manufacturer, a Small Scale Industry (SSI) unit, contested the notice claiming that they did not deduct any amount from the price paid by dealers for advertisements, publicity, or replacement of rejected goods. The adjudicating authority rejected the manufacturer's contention, confirming the demand and imposing a penalty. The Appellate Authority upheld the decision, stating that the manufacturer should have separately shown the expenses in the assessable value. However, the Appellate Tribunal found that the show cause notice lacked jurisdiction as the expenses mentioned could not be included in the assessable value under the Central Excise Act. Therefore, the Tribunal quashed the entire proceedings initiated based on the show cause notice.

Imposition of Penalty under Section 11AC:
The manufacturer argued that no penalty under Section 11AC could be imposed for transactions predating its enactment on 28-9-1996. The Tribunal agreed, emphasizing that even if the manufacturer committed an offense under the Central Excise Act in the financial years 1992-93 and 1993-94, they could not be penalized under a provision introduced later. Consequently, the Tribunal allowed the appeal, quashing the orders of the adjudicating authority and the appellate authority in their entirety.

In conclusion, the Appellate Tribunal CEGAT, New Delhi, ruled in favor of the appellant, setting aside the orders of the lower authorities. The judgment highlighted the importance of jurisdiction in show cause notices and the limitations on imposing penalties retroactively under Section 11AC of the Central Excise Act.