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2013 (6) TMI 557 - AT - Central ExciseStay - valuation - motor vehiles - payment of duty of chassis - body builders fabricate/build the body of the vehicle on the supplied Chassis and clear/transfer the same to the Applicants’ RSO on payment of central excise duty. - demand of differential value between the RSO (Regional Sales Office) Price and the assessable value on which the duty was paid by the body builders - Held that:- the Applicant have transferred the chassis to the body builders under a peculiar arrangement, that is, against a trust receipt and the said Chassis is being held by the body builders as trustee. Further, under the terms and conditions of the said arrangement against the heading, ‘Taxes’, it is mentioned that the excise duty paid by the Applicant would be available as CENVAT credit to the body builders; the body builders are required to pay duty on the completely built-up vehicle only after the set-off of CENVAT credit on chassis and the unutilized CENVAT credit would belong to M/s. Tata Motors, the Applicant. The said condition apparently raises a doubt and leads to an inference that the nature of dealings between the Applicant and the job worker are not on principal-to-principal basis. - prima facie case is against the assessee - directed to make predeposit of 25% - stay granted partly.
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