2009 (7) TMI 1032 - AT - Central Excise

Summary

Issues:
Interpretation of retail sale price (RSP) on packaged drinking water for different types of customers.

Analysis:
The judgment revolves around the interpretation of the retail sale price (RSP) affixed on packaged drinking water sold to customers other than institutional customers. The dispute arises from the contention that the higher maximum retail price (MRP) on packaged drinking water cleared to non-institutional customers should be adopted for all clearances of the product. The key point of contention is whether the RSP affixed on the product for one type of customer should be applied uniformly across all sales, including those to institutional customers.

The Tribunal considered the requirement under Section 4A for the adoption of the maximum price at which excisable goods in packaged form can be sold to the ultimate consumer. It is noted that each container of drinking water bore only one retail sale price, and there is no indication of multiple prices being displayed on the containers. The Tribunal referred to previous decisions, such as the case of Gujarat Goldcoin Ceramics Ltd. v. CCE, Rajkot and CCE, Vadodara v. Bell Granito Ceramics Ltd., to support the argument that different MRPs for different areas or customers can be accepted if there is no evidence of goods being sold at a higher price than the declared MRP. The Tribunal found that the principles established in these cases are prima facie applicable to the present case.

Based on the arguments presented and the interpretation of relevant legal provisions and precedents, the Tribunal granted full waiver of pre-deposit of duty and penalty, as well as stayed the recovery pending the appeal. The decision was made in favor of the applicants, indicating that they have successfully made a case for the waiver based on the interpretation of the RSP and MRP in the context of selling packaged drinking water to different types of customers.