2025 (1) TMI 336 - AT - Central Excise

Central Excise Duty for the period prior to registration - inclusion of clearances made to industrial customers in the assessable value - HELD THAT - The claim made by the appellant is substantiated with documentary evidence. The clearances made to industrial customers is also included while computing the duty demanded in the impugned order. Since MRP based assessment is not applicable to clearances made to industrial customers, the submission made by the Appellantagreed upon, that the value of clearances amounting to Rs.3,62,038/- needs to be reduced from the value of Rs.1,53,53,283/- worked out by the Department for demanding duty. If this amount is reduced, then the value of clearances made during the Financial Year 2014-15 prior to 31.01.2015 i.e., the date of taking registration, works out to Rs.1,49,91,245/- - There is no demand liability to be paid by the Appellant for the period prior to 31.01.2015. There is no dispute that the Appellant has adopted the MRP based assessment after taking registration with effect from 31.01.2015. Since the demand itself is not sustainable, the question of demanding interest and imposing penalty does not arise. Conclusion - MRP-based assessments are not applicable to industrial customer clearances, and demands based on incorrect assessments are unsustainable. No demand liability to be paid by the Appellant for the period prior to registration. Appeal allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the demand of Central Excise Duty amounting to Rs.43,666/- for the period prior to the appellant's registration is sustainable.
Whether the clearances made to industrial customers should be included in the computation of duty under the Maximum Retail Price (MRP) based assessment.
Whether the imposition of interest and penalty under Section 11AC of the Central Excise Act, 1944, is justified when the demand itself is contested.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Sustainability of the Demand for Central Excise Duty

Relevant Legal Framework and Precedents: The demand was based on the Central Excise Act, 1944, which mandates duty on goods manufactured and cleared. The assessment was on an MRP basis, applicable to goods sold to consumers.
Court's Interpretation and Reasoning: The Tribunal found that the appellant's claim of excluding industrial customer clearances was substantiated by documentary evidence. The court agreed that MRP-based assessment is not applicable to industrial clearances.
Key Evidence and Findings: The appellant provided evidence showing that industrial customer clearances were wrongly included in the duty computation.
Application of Law to Facts: By excluding Rs.3,62,038/- of industrial customer clearances, the appellant's total clearances fell below the Rs.1.5 crore threshold, negating the duty demand.
Treatment of Competing Arguments: The Tribunal favored the appellant's argument over the Revenue's reiteration of the impugned order, emphasizing the incorrect inclusion of industrial clearances.
Conclusions: The demand for Central Excise Duty was found unsustainable, and the Tribunal set aside the impugned order.

Issue 2: Inclusion of Industrial Customer Clearances

Relevant Legal Framework and Precedents: MRP-based duty assessment applies to consumer goods, not industrial supplies.
Court's Interpretation and Reasoning: The Tribunal agreed with the appellant that industrial customer clearances should not be assessed on an MRP basis.
Key Evidence and Findings: The appellant demonstrated that Rs.3,62,038/- of clearances were to industrial customers, which should be excluded.
Application of Law to Facts: Excluding these clearances reduced the total below the threshold, aligning with legal provisions.
Treatment of Competing Arguments: The Tribunal dismissed the Revenue's argument for including these clearances, citing the specific nature of industrial transactions.
Conclusions: The Tribunal concluded that industrial clearances were wrongly included, affecting the duty demand.

Issue 3: Imposition of Interest and Penalty

Relevant Legal Framework and Precedents: Section 11AC of the Central Excise Act, 1944, allows penalties for duty evasion.
Court's Interpretation and Reasoning: Since the demand was unsustainable, the Tribunal held that interest and penalty imposition was unwarranted.
Key Evidence and Findings: With the duty demand set aside, the basis for penalties was nullified.
Application of Law to Facts: Without a valid duty demand, penalties under Section 11AC could not be justified.
Treatment of Competing Arguments: The Tribunal did not find merit in imposing penalties when the primary demand was invalid.
Conclusions: The Tribunal concluded that neither interest nor penalties were applicable.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "Since MRP based assessment is not applicable to clearances made to industrial customers, I agree with the submission made by the Appellant that the value of clearances amounting to Rs.3,62,038/- needs to be reduced."
Core Principles Established: MRP-based assessments are not applicable to industrial customer clearances, and demands based on incorrect assessments are unsustainable.
Final Determinations on Each Issue: The Tribunal set aside the duty demand and related penalties, allowing the appeal with consequential relief.

The judgment underscores the importance of correctly categorizing clearances for duty assessment and reaffirms that penalties cannot be imposed when the underlying duty demand is invalid.

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