2017 (7) TMI 192 - AT - Central Excise

Tribunal affirms duty obligations, penalties for evasion, and condemns fraudulent practices

ISMT Ltd., O.P. Kakkar Versus Commissioner of Central Excise, Pune

The Tribunal upheld the Revenue's decision to include product development costs in the assessable value of goods, dismissing the appellant's merger ... Valuation - product development cost - includibility - Held that: - Revenue proved its case against the appellant. The appellant made attempt to be enriched at the cost of Revenue. For deliberate act of the appellant to exclude the debit note amount from the scope of duty, questionable conduct and oblique motive of the appellant came up and that contributed to its implication to the charge - appeal dismissed - decided against appellant. Issues:1. Inclusion of product development cost in assessable value2. Duty liability post-merger of entities3. Verification of duty payment on debit notes4. Penalty imposition for duty evasion5. Consideration of penalty immunity6. Fraudulent practices and obstruction during investigation1. Inclusion of product development cost in assessable value:The Revenue sought to add specific amounts from debit notes to the assessable value of goods manufactured. The appellant contested, claiming duty had already been paid on these amounts. The Tribunal upheld the Revenue's contention, emphasizing the nexus between product development costs and goods manufactured. The appellant's argument that merger of entities eliminated duty liability was dismissed.2. Duty liability post-merger of entities:The appellant's merger argument was rejected as the duty liability was deemed independent of the merger. The Tribunal emphasized the importance of paying proper duty on the debit note amounts, regardless of previous payments, and highlighted the need for verification by the adjudicating authority.3. Verification of duty payment on debit notes:The Tribunal stressed the necessity for the adjudicating authority to confirm the correct duty payment on the disputed debit notes. Failure to pay the correct duty amount would result in recovery with interest, emphasizing the importance of compliance with duty obligations.4. Penalty imposition for duty evasion:The Revenue detected undervaluation of goods during investigation, leading to penalty imposition on the appellant for deliberate evasion of duty. The Tribunal highlighted the appellant's lack of cooperation with the investigating authorities and upheld the penalty under Section 11AC to prevent evasion and protect Revenue.5. Consideration of penalty immunity:The Tribunal referenced relevant case law to justify the penalty imposition, emphasizing the deliberate intent to evade duty and the lack of innocence on the appellant's part. Arguments for penalty immunity based on lack of mens rea were dismissed, and the penalty under Section 11AC was confirmed.6. Fraudulent practices and obstruction during investigation:The Tribunal condemned the appellant's contumacious conduct and obstruction during the investigation, highlighting the seriousness of fraud on Revenue. Citing various legal precedents, the Tribunal affirmed the penalty imposition and dismissal of appeals against both the manufacturer and the director for fraudulent practices.This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal, focusing on duty liability, penalty imposition, and fraudulent practices in the context of the case.