2000 (3) TMI 315 - AT - Central Excise

Summary

Issues:
1. Duty demand and penalties imposed on the appellant and related parties.
2. Assessment of assessable value based on transactions with dealers.
3. Dispute regarding the nature of relationships with dealers.
4. Justification for treating dealers as agents of the manufacturer.
5. Reconsideration of duty demand and penalties imposed.

Analysis:

1. The judgment addresses the duty demand of over Rs. 15.6 lakhs and penalties imposed on the appellant, M/s. Janardhan Plywood Industries Ltd., its Managing Director, Vice President, M/s. Kwality Agencies, and M/s. Prakash Enterprises. The impugned order found that duty should have been paid based on the prices at which D.G.S.& D. and Govt. departments purchased the goods, leading to the duty demand.

2. The appellant argued that the transactions with dealers were sales, and they did not receive any portion of the payments made by D.G.S.& D. or the Govt. departments. The appellant contended that the dealers should not be treated as agents, emphasizing specific agreements and the nature of the relationships as principal to principal.

3. Regarding the sale to M/s. Kwality Agencies, the appellant asserted that the transaction was on a principal to principal basis, and the agreement did not alter the basic nature of the relationship. The appellant highlighted that the assessable value should be based on the ex-factory price, considering various charges included in the price paid by the Parishad.

4. The Departmental Representative argued that the later agreement between M/s. Prakash Enterprises and the appellant was not brought to the notice of DGS&D, maintaining that the appellant remained the supplier. The representative also contended that M/s. Kwality Agencies should be treated as an agent based on the agreement terms.

5. The Tribunal found that the later agreement between the appellant and M/s. Prakash Enterprises clearly established a seller-buyer relationship, setting aside the duty demand related to sales to D.G.S.& D. The Tribunal remanded the issue of sales to the Parishad through M/s. Kwality Agencies for fresh consideration, emphasizing the need to evaluate all relevant factors and deductions from the purchase price.

In conclusion, the penalties imposed on the appellants and related parties were set aside, and the duty demand was modified based on the nature of the transactions and relationships with the dealers, ensuring a fair assessment of the assessable value.