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of <h1>Tribunal Overturns Penalty on Vitrum Glass Division for Misdeclaration</h1> <h3>EMPIRE INDUSTRIES LTD. Versus COLLECTOR OF CENTRAL EXCISE, BOMBAY</h3> EMPIRE INDUSTRIES LTD. Versus COLLECTOR OF CENTRAL EXCISE, BOMBAY - 1997 (95) E.L.T. 653 (Tribunal) The dispute involved clearances of glass bottles by Vitrum Glass Division from July 1982 to March 1987. The appellant was accused of misdeclaration of prices and recovery of extra charges, leading to a proposed duty demand of Rs. 9,59,528.35. The Collector imposed a penalty of Rs. 2 lakhs and ordered confiscation of machinery and plant, redeemable for Rs. 5 lakhs. The appellant argued that charges for transport and handling were not part of assessable value. The Tribunal agreed, citing relevant Supreme Court decisions. Interest collected for delayed payment was also deemed not part of assessable value. The impugned order was set aside, and the appeal was allowed.
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