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of <h1>Appeal ruling favors manufacturers in duty dispute over packing and slitting charges.</h1> <h3>COLLECTOR OF CUSTOMS, BOMBAY Versus CAPRIHANS (I) LTD.</h3> COLLECTOR OF CUSTOMS, BOMBAY Versus CAPRIHANS (I) LTD. - 1999 (105) E.L.T. 388 (Tribunal) Issues:1. Duty demand on additional packing and slitting charges.2. Verification report on packing method.3. Disclosure of slitting charges in invoices.4. Allegation of suppression and limitation period.Analysis:The case involves an appeal by the Revenue against the Additional Collector's order confirming a duty demand on additional packing and slitting charges collected by the respondents, manufacturers of PVC film and sheeting. The Additional Collector imposed a penalty of Rs. 10,000 along with the duty demand. The Tribunal previously set aside the Additional Collector's order and remanded the matter for fresh consideration. The respondents argued that the verification report on packing was based on audit objection and presumption, not market enquiries. They also contended that the recovery of slitting charges was disclosed in the invoices, thus not warranting suppression allegations for extended limitation period.Regarding the packing charges, the Adjudicating authority wrongly rejected the Superintendent's report on the normal packing method, which should have been accepted to include packing charges in the assessable value. The Tribunal remanded the matter due to a violation of natural justice, allowing the respondents access to the verification report. The department failed to prove any suppression of material regarding packing and dispatching methods. The respondents successfully argued that the demand was time-barred, as there was no evidence of suppression.The Adjudicating authority's factual finding that invoices clearly showed the recovery of slitting charges, verified by the department, was not rebutted by the Review order or Appeal Memorandum. The disclosure of slitting charges in the invoices was deemed sufficient, and the non-mention in the price list did not constitute suppression under Section 11A of the Act. Consequently, the entire demand was held to be barred by limitation, and the impugned order was upheld, leading to the rejection of the Revenue's appeal.
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