2009 (12) TMI 823 - AT - Central Excise

Tribunal overturns duty demand on bicycles sold at higher prices

HERO CYCLES LTD. Versus COMMISSIONER OF C. EX., GHAZIABAD

The Tribunal set aside the order confirming duty demand and penalties on bicycles acquired from related persons and sold at higher prices by the ... - Issues:Central excise duty liability on bicycles acquired from related persons and sold at higher prices.Analysis:The appellant manufactured bicycles and parts chargeable to Central Excise Duty under specific sub-headings. They had separate units at different locations and were found to have acquired bicycles from their Ludhiana plant and another manufacturer. The Department alleged that since the units were related persons, duty should be payable on the prices at which the bicycles were sold. Show cause notices were issued for demand of differential duty, interest, and penalties. The Assistant Commissioner confirmed duty demand and imposed penalties on the Appellant.On appeal, the CCE (Appeals) upheld the Assistant Commissioner's order. The Appellant then filed the present appeal challenging the order.During the appeal hearing, the Department emphasized that duty is chargeable based on the selling price at the Unit II premises. However, the Tribunal noted that duty should have been paid by Unit I for the bicycles transferred internally. The duty demand confirmed by the Assistant Commissioner in a different jurisdiction was deemed unsustainable.Regarding bicycles acquired from another manufacturer, the Tribunal found no discussion on how the Appellant and the manufacturer were related persons as defined in the Central Excise Act. The duty demand from the other manufacturer, confirmed by the Assistant Commissioner beyond jurisdiction, was also deemed unsustainable.Consequently, the Tribunal set aside the impugned order-in-appeal as it was not sustainable based on the jurisdictional issues highlighted. The appeal was allowed, and the decision was pronounced in open court on 7-12-2009.