Tribunal Partly Allows Appeals: No Penalties Without Intent, Limits Demand to Normal Period, Confirms Interest on Duties.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The appellants' contention that pool lifting charges do not add value to the marketability of vehicles is unacceptable. The Tribunal's decision in Victory Electricals Ltd. case established that the resultant price after deducting liquidated damages or penalties from the agreed price constitutes the "transaction value" liable for excise duty. Regarding the extended period of limitation and penalty, various show cause notices were issued based on the same financial records. If the department overlooked certain issues earlier, the appellants cannot be blamed, and the extended period cannot be invoked. Imposing penalty without "mens rea" in transaction matters is against settled legal principles. Therefore, the demand is restricted to the normal period, penalty set aside, but interest on confirmed duty for the normal period is payable. The appeals are partly allowed.....