2000 (6) TMI 245 - AT - Central Excise

Tribunal confirms duty demand & penalty, validates jurisdiction & extended period, justifies goods valuation

PROCTER & GAMBLE INDIA LIMITED Versus COMMISSIONER OF C. EX., INDORE

PROCTER & GAMBLE INDIA LIMITED Versus COMMISSIONER OF C. EX., INDORE - 2000 (120) E.L.T. 548 (Tribunal) Issues Involved:1. Jurisdiction of the Commissioner, Indore to demand duty on goods processed at Kanpur.2. Limitation and the applicability of the extended period under Section 11A(1) proviso of the Central Excise Act.3. Valuation of the goods and whether IED was an 'extended arm' of the appellants.Detailed Analysis:Jurisdiction of the Commissioner, Indore:The appellants contended that since the repacking of the goods into smaller sachets occurred in Kanpur, the proper officer with jurisdiction was the Commissioner, Kanpur. They cited the Tribunal's decisions in *Owens Bilt Ltd. v. CCE, Pune* and *Engee Industrial Services (P) Ltd. v. C.C.* to support their claim that the Commissioner, Indore lacked jurisdiction. However, the Tribunal found that these cases did not apply as the current issue pertained to the valuation of goods initially cleared from the appellants' factory within the jurisdiction of the Commissioner, Indore. The Tribunal held that the Commissioner, Indore had jurisdiction to issue the notice and adjudicate the case since the manufacturing activity took place within his jurisdiction.Limitation and Extended Period Under Section 11A(1):The appellants argued that the Show Cause Notice (SCN) did not allege any suppression of information regarding the valuation of 25 Kg bulk packs and that the value had been approved by the Commissioner, Indore. However, the Tribunal found that the appellants had not disclosed to the Assistant Commissioner, Indore that the bulk clearance was a stock transfer with no transfer of ownership. The appellants indicated 'not applicable' in the proforma instead of explaining why the normal price was not ascertainable under Section 4 of the Valuation Rules. This deliberate suppression justified the invocation of the extended period under Section 11A(1).Valuation of Goods and IED as an 'Extended Arm':The appellants contended that IED was an independent entity and that the repacking of bulk packs into smaller sachets did not amount to manufacture under Section 2(f) of the Central Excise Act at the relevant time. They argued that no excise duty was leviable on the 20 gms. and 30 gms. sachets and that the agreement terms with IED were irrelevant after April 1991. The Tribunal, however, found that the appellants had deliberately chosen to under-value the detergent powder cleared from Mandideep and had not disclosed that the bulk packs were intended for repacking into smaller sachets at Kanpur. The Tribunal agreed with the Department's position that IED was an 'extended arm' of the appellants, noting the lack of reimbursement for plant and machinery utilization and the quality control supervision by the appellants. The Tribunal concluded that the appellants were required to pay duty based on the assessable value of the 20 gms. and 30 gms. sachets supplied by IED to the appellants' depots.Conclusion:The Tribunal upheld the impugned order, confirming the duty demand of Rs. 1,10,40,613/- and the penalty of Rs. 10 lakhs. The appeal was dismissed, and the Tribunal found that the jurisdiction of the Commissioner, Indore was valid, the extended period under Section 11A(1) was correctly invoked, and the valuation of the goods was justified based on the facts presented.