2008 (3) TMI 597 - AT - Central Excise

Valuation - revenue neutrality - time limitation - Held that - the duty paid by Unit No. 1 was available as credit to Unit 2 but could have utilized the same for payment of duty on their final product. The entire situation was revenue neutral and the appellate authority has rightly held the show cause notice dated 10-3-2000 issued for the period 1-4-97 to 31-7-1999 as barred by limitation - appeal dismissed - decided against Revenue.

Summary

Issues: Alleged under-valuation of goods leading to demand of duty, imposition of penalty, time bar for proceedings, credit of duty paid by one unit utilized by another, revenue neutrality, rejection of appeals.

In this case, the Appellate Tribunal CESTAT, Ahmedabad, heard an appeal by the revenue against an order passed by the Commissioner (Appeals). The dispute arose when Unit No. 1 was accused of under-valuing goods cleared to Unit No. 2, who utilized the duty credit from Unit No. 1. The original adjudicating authority confirmed duty demand and imposed a penalty on Unit No. 1. However, the appellate authority set aside the order on both merits and time bar grounds. The Commissioner noted that since Unit No. 2 was utilizing the duty credit, there was no intention to evade duty by Unit No. 1.

The Tribunal agreed with the Commissioner's view, emphasizing that the duty paid by Unit No. 1 was available as credit to Unit No. 2, ensuring revenue neutrality. Unit 2 could have used the credit to pay duty on their final product, making the situation revenue neutral. Consequently, the show cause notice issued for the mentioned period was deemed time-barred. The Tribunal found no merit in the revenue's case and rejected both appeals, affirming the decision of the Commissioner (Appeals). The judgment was dictated and pronounced in open court by Member (J) Archana Wadhwa.