2006 (8) TMI 91 - AT - Central Excise

Inclusion of Gunny Bag Cost in Cement's Value Upheld, Penalty Set Aside

KCP LTD. Versus COMMISSIONER OF C. EX., GUNTUR

KCP LTD. Versus COMMISSIONER OF C. EX., GUNTUR - 2007 (213) E.L.T. 682 (Tri. - Bang.) , 2007 (79) RLT 840 (CESTAT - Ban.) Issues:1. Whether the cost of gunny bags should be added to the assessable value of cement.2. Whether penalty imposition is justified for failure to establish the returnable nature of gunny bags.Analysis:1. The appeal concerned the addition of the cost of gunny bags to the assessable value of cement. The Revenue appealed against the Order-in-Original which had excluded the cost of gunny bags. The Commissioner, in the impugned order, relied on previous judgments to include the cost. A penalty of Rs. 25,000 was also imposed. The Tribunal noted that the appellants failed to provide evidence regarding the returnable nature of the gunny bags, leading to the confirmation of the Commissioner's decision on the assessable value. However, the penalty was deemed unjustified and set aside.2. The appellant's counsel cited a letter from the Revenue Officer and a certificate from the Fire Service Department, explaining that records were burnt during an incident, hindering their ability to prove the returnable nature of the gunny bags. The Tribunal acknowledged the lack of evidence but emphasized that the appellants could have obtained statements from buyers to support their claim. Despite upholding the decision on the assessable value, the Tribunal found no merit in the penalty imposition due to the circumstances. Hence, the penalty was overturned while dismissing the appeal.In conclusion, the Tribunal upheld the inclusion of the cost of gunny bags in the assessable value of cement due to lack of evidence from the appellants. However, the penalty of Rs. 25,000 was set aside considering the situation where records were destroyed, preventing the establishment of the returnable nature of the gunny bags.