2001 (5) TMI 510 - AT - Central Excise

Appellate Tribunal upholds lower authorities' decisions on exemption claim and assessable value rework contention.

The Appellate Tribunal dismissed the appeals, affirming the lower authorities' decisions on uncontested issues. The exemption claim under Notification No. ... Appeal - Demand - Limitation Issues:1. Claim of exemption under Notification No. 71/78 for refrigerating and air conditioning machinery.2. Demand of duty based on finalization of RT-12 returns.3. Remand of the matter for de novo adjudication.4. Bar on limitation for demand.5. Rejection of the plea for reworking the assessable value under Section 4(4)(d)(ii) of the Act.Analysis:1. The appellants manufactured refrigerating and air conditioning machinery and parts, claiming exemption under Notification No. 71/78. The classification list filed by them in 1978 was approved, rejecting the exemption claim. Subsequent demands for duty were made based on finalization of RT-12 returns.2. The party appealed against the decisions, leading to a remand for de novo adjudication. The Assistant Collector issued a show cause notice, ultimately confirming the disallowance of the exemption claimed under Notification No. 71/78.3. The matter was further escalated to higher authorities and the Delhi High Court, which dismissed a writ petition as premature, allowing the appellants to file appeals. These appeals were also rejected, leading to the present appeals before the Appellate Tribunal.4. The appellants did not contest the appeals on merits but argued that the demand was time-barred. The Tribunal upheld the lower authorities' orders as uncontested regarding the exemption claim. The demand was found not to be time-barred as the assessments were provisional until the classification list was approved.5. The appellants raised a contention regarding reworking the assessable value under Section 4(4)(d)(ii) of the Act. However, it was noted that throughout the proceedings, the appellants did not include the duty element in their calculations for availing the exemption. This contention was considered an afterthought and dismissed by the Tribunal, leading to the dismissal of the appeals.In conclusion, the Tribunal dismissed the appeals, upholding the lower authorities' decisions on uncontested matters and rejecting the appellants' contentions regarding the time bar for demand and reworking of the assessable value under the Act.