9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 623 - AT - CustomsPenalty u/s 11AC - Valuation - inclusion of amortization cost of moulds and dyes supplied free of cost by the customer of final product in assessable value - period January 1997 to September 2000 - Held that - On this issue, there were conflicting judgments - it is fit case to view that the appellant had a bonafide belief due to lack of clarity on legal issue and grave interpretation of Valuation Rules involved. Since the SCN involved in the present case does not involve any suppression of fact or mis-declaration on the part of appellant, the penalty under Section 11AC was clearly not warranted - appeal allowed - decided in favor of appellant.
Issues:
Whether the appellant is required to pay duty on the amortization cost of moulds and dyes supplied free of cost by the customer of the final product during January 1997 to September 2000. Analysis: The appellant contested the imposition of penalty under Section 11AC, arguing that conflicting judgments existed regarding the inclusion of amortization cost of moulds and dyes in the value of the final product. The appellant believed duty was not payable due to lack of clarity on the legal issue and the interpretation of Valuation Rules. The appellant's bonafide belief was considered valid, especially since they had been manufacturing goods using free moulds and dies, and the department was aware of this activity. The appellant had paid the duty liability without contest, and since there was no suppression of fact or mis-declaration, the penalty under Section 11AC was deemed unwarranted. The Tribunal set aside the penalty and allowed the appeal on this basis. Judgment: The Tribunal, comprising Mr. Ramesh Nair and Mr. Raju, considered the legal issue of duty payment on amortization cost of moulds and dyes provided by the customer. The appellant's bonafide belief, lack of clarity in legal interpretation, and absence of suppression of fact or mis-declaration led to the setting aside of the penalty under Section 11AC. The decision was pronounced on 01.11.2018, favoring the appellant's appeal.
|
