2008 (6) TMI 528 - AT - Central Excise

Appellants win waiver on separate accessories pricing dispute, stay on duty & penalties pending appeal

The appellants sought a stay and waiver of deposit against a demand and penalties for accessories sold separately from food processors. The dispute ... Stay/Dispensation of pre-deposit - Valuation Issues:1. Application for stay and waiver of deposit against demand and penalties.2. Classification of accessories sold separately from food processors.3. Dispute over assessment based on ultimate MRP when sold together.4. Interpretation of MRP notification and legislative intention.5. Prima facie case for waiver of pre-deposit of duty and penalties.Analysis:1. The case involves an application for stay and waiver of deposit against a demand of Rs. 61,92,013/- and penalties. The appellants are engaged in manufacturing food processors classified under Chapter Heading 8509. The dispute arises from the accessories also manufactured and cleared by the appellants without affixing MRP, assessed under Section 4. The Department argues that both items, though cleared separately, are ultimately sold together to consumers, warranting assessment based on the ultimate MRP affixed when sold together. The Revenue relies on information from a website and the equal number of food processors and accessories cleared to support their case.2. The advocate for the appellants contends that the goods are correctly cleared based on the description of 'electro-mechanical domestic appliances with self-contained electric motor.' The optional accessories are packed separately, providing additional operational conveniences, and not all customers may require or purchase them. The goods are cleared to different companies and are not sold as one package. The legislative intention, as evidenced by a similar notification for other goods, indicates that accessories are not intended to be covered under MRP-based assessment.3. The Revenue argues that the equal number of accessories packed with food processors implies they are sold together. However, after considering the submissions, it is found that the appellants clear food processors and accessories separately, with no evidence that they are sold together under one MRP without the option to buy accessories separately. The separate packaging and sale of the items demonstrate a prima facie case in favor of the appellants, leading to the waiver of pre-deposit of duty and penalties under Section 35F, with recovery stayed during the appeal's pendency.This detailed analysis covers the issues of the application for stay and waiver of deposit, the classification of accessories, the dispute over assessment based on ultimate MRP, the interpretation of the MRP notification and legislative intention, and the establishment of a prima facie case for the waiver of pre-deposit of duty and penalties.