2004 (1) TMI 112 - AT - Central Excise

Summary

Issues:
The issue involved in this case is the levy of Merchant Over Time (MOT) charges u/s 36 of the Customs Act for supervision of stuffing of goods in containers for export under the DEPB Scheme.

Summary:
The appellants, exporters of Auto Parts under the DEPB Scheme, exported goods during September 1997 to September 2002. The stuffing of goods in containers for export was done in their factory under the supervision of the Central Excise officer. The Dy. Commissioner of Central Excise directed the party to pay MOT charges of over Rs. 7 lakhs without providing an opportunity to be heard. The Commissioner (Appeals) upheld a demand of Rs. 3,37,900/- for MOT charges. The present appeal challenges this demand.

The Tribunal noted that the appellants are liable to pay MOT charges if the conditions for levy exist. In this case, the stuffing of goods took place in the factory under the supervision of the Central Excise Range officer. The work of stuffing was considered a Customs work covered by the relevant provisions of law. The officer supervised the work within his normal place of work, and the service was provided during normal working hours. The party confirmed that the work was carried out on working days during working hours, which was not rebutted. Therefore, none of the conditions for levying MOT charges were satisfied.

Accordingly, the Tribunal set aside the demand for MOT charges, allowing the appeal.