2017 (6) TMI 569 - AT - Central Excise

Appellate Tribunal Upholds Duty Demand, Allows Cum Duty Price Benefit

M/s Gandhilon Texturisers Versus Commissioner of Central Excise, Customs and Service Tax-SURAT-I

The Appellate Tribunal confirmed the duty demand against M/s Gandhilon Texturisers for collecting extra charges from customers but allowed the benefit of ... Valuation - Liability of interest - duty sustained due to extra charges collected from the customers by the appellant - Held that: - the liability of duty against the appellant has rightly been confirmed on account of extra charges collected from the customers by the appellant. - As the present facts are covered by the Tribunal order in the case of CCE, Bangalore vs Scorpio Engg Pvt Ltd [2011 (9) TMI 977 - KARNATAKA HIGH COURT], the liability of interest on delayed payment of duty, which is due before the enactment of Finance Act bill 2001 is not chargeable since the interest has been demanded for the liability of duty of the period of 1996-97, 1997-98 ie., for the period prior to 11.5.2001 ie., which is, thus, before enactment of Finance Bill 2001. The matter is remanded to the Original Adjudicating Authority for requantification of liability of duty against the appellant - appeal allowed by way of remand. Issues:- Confirmation of duty demand on extra charges collected from customers- Benefit of cum duty price for computation of liability of duty- Liability of interest on delayed payment of dutyConfirmation of duty demand on extra charges collected from customers:The appellant, M/s Gandhilon Texturisers, appealed against the duty demand confirmed by the Commissioner (Appeals) for collecting extra charges under transportation, octroi, and packing heads from customers. The Asstt. Commissioner confirmed the demand, which was upheld by the Commissioner (Appeals). The Tribunal, after hearing both sides, confirmed the liability of duty against the appellant due to the extra charges collected. However, citing the Supreme Court decision in the case of CCE, New Delhi vs Maruti Udyog Ltd, the Tribunal ruled that the appellant is entitled to the benefit of cum duty price for computing the duty liability.Benefit of cum duty price for computation of liability of duty:The Tribunal referred to the Supreme Court's interpretation of Section 4 of the Central Excises and Salt Act, which states that the wholesale price charged should be the value for levy of excise duty, excluding the elements of excise duty, sales tax, and other taxes included in the price. The Tribunal emphasized that when cum-duty price is charged, the duty payable should exclude the element of excise duty incorporated in the sale price. The Tribunal further highlighted that the liability to pay taxes on goods sold lies with the seller, and any taxes paid should be deducted from the sale price. The Tribunal applied the principles laid down by the Supreme Court in relevant cases to determine the excisable value and directed the Adjudicating Authority to re-quantify the duty liability based on these observations.Liability of interest on delayed payment of duty:The appellant contended that there should be no liability of interest on the duty sustained as the period involved was before the enactment of the Finance Act 2001. Citing a Tribunal order in a similar case, the appellant argued that interest on delayed payment of duty is not chargeable for the period before 11.5.2001. The Tribunal referred to the case of CCE, Bangalore vs Scorpio Engg Pvt Ltd, where it was held that interest under Section 11AB of the Central Excise Act was not applicable to cases before the Finance Act 2001 amendment. The Tribunal modified the impugned order, remanding the matter to the Adjudicating Authority for the re-quantification of the duty liability, and partly allowed the appeal in favor of the appellant.This detailed analysis of the judgment from the Appellate Tribunal CESTAT AHMEDABAD highlights the issues involved, the legal interpretations applied, and the final decision rendered on each issue.