2009 (7) TMI 1035 - AT - Central Excise

Summary

Issues involved: Determination of assessable value u/s 4 of Central Excise Act, 1944, rejection and redetermination of value, imposition of excise duty u/s 11A, penalty u/s 11AC, interest recovery u/s 11AB, expenses incurred by dealers for pre-delivery inspection and free services, time bar for suppression of facts.

Assessable value determination: The applicants, engaged in manufacturing and selling motor vehicles, faced a dispute regarding the rejection and redetermination of the value u/s 4 of the Central Excise Act, 1944. The issue revolved around whether expenses incurred by dealers on pre-delivery inspection and free services, reimbursed by the applicants, should be included in the assessable value for discharging Central Excise duty. The Tribunal noted past decisions and the legal principle that the sale price alone should be the basis for determining assessable value, especially when goods are sold at a price that is the sole consideration for the sale.

Time bar and suppression of facts: The Tribunal considered the time bar issue, highlighting that the Department was aware of the expenses reimbursement by the applicants to dealers from 1-9-2003 onwards, indicating no suppression of facts. Various statements and investigations showed a policy change by the applicants regarding expenses incurred by dealers. The Tribunal found that the applicants had a strong case for complete waiver of pre-deposit of duty, interest, and penalty, both on merit and time bar grounds, leading to the stay of recovery pending appeal disposal.