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CESTAT allowed the appeal in part. It held that royalty is not a tax and is includable in assessable value for central excise following SC precedent, but the invocation of the extended period of limitation to confirm duty on royalty was unsustainable as the issue was interpretational and litigated; no penalty is leviable as duty was deposited under protest. Conversely, Stowing Excise Duty and state cesses (Primary Education, Rural Employment, Public Works, Road and AMBH) are statutory levies/taxes recoverable in a fiduciary capacity and do not form part of the transaction value; demands, interest and penalties premised on inclusion of SED and such cesses were set aside. Appeal disposed.
CESTAT allowed the appeal in part. It held that royalty is not a tax and is includable in assessable value for central excise following SC precedent, but the invocation of the extended period of limitation to confirm duty on royalty was unsustainable as the issue was interpretational and litigated; no penalty is leviable as duty was deposited under protest. Conversely, Stowing Excise Duty and state cesses (Primary Education, Rural Employment, Public Works, Road and AMBH) are statutory levies/taxes recoverable in a fiduciary capacity and do not form part of the transaction value; demands, interest and penalties premised on inclusion of SED and such cesses were set aside. Appeal disposed.
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