2014 (3) TMI 195

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..... Rao, SDR, for the Respondent. ORDER Heard both sides. 2. All these three cases involve the same issue as to whether the appellant Export Oriented Unit (EOU), is required to pay Merchant Overtime (MOT) charges for supervision of exports undertaken by the Central Excise officers during office hours. In respect of Appeal Nos. E/750 & 7510/2010, the original authority had decided that no MOT .....

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..... ld that MOT is not chargeable :- (i)    Rajasthan Textile Mills v. CCE, Jaipur - 2007 (216) E.L.T. 380 (ii)   Transworld Garnet India Pvt. Ltd. v. CCE, Tirunelveli - 2008 (229) E.L.T. 77 He also states that in the case of CCE, Rajkot v. Reliance Industries Ltd. - 2009 (236) E.L.T. 328, a reference has been made to the Larger Bench. 4.  Heard the learned SDR who re .....

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..... sp;I have heard arguments from both sides as well as perused the decisions cited before me. At the outset, I note that all the decisions cited before me have been passed by Single Member Benches and none of them have a binding effect on another Bench. As far as the Board's Circular dated 7-4-2003 is concerned, it merely refers to an earlier Circular dated 2-1-2000 and states that EOUs would be giv .....

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..... her be held to be perverse or in any way contravening the provisions of the parent Act. As regards the MOT charges, the same are required to be collected as per Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998 which has been framed in exercise of the statutory powers vested in the Board. The underlying idea of charging MOT is that when the customs officers have to travel .....

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..... e Board. The appellants, of course, have an option of paying cost recovery charges which definitely would be much more than the MOT charges considering the increased salary and allowances presently payable for the Customs and Excise officers. 7. In the light of the above, I upheld the impugned orders and reject all the three appeals. (Dictated and pronounced in open Court)
Case laws, De .....

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