2007 (10) TMI 156 - AT - Central Excise

Wrong formula adopted while calculating A.V. of casting on basis of cost construction method differential duty rightly demanded but allegation of suppression is wrong declaration & RT-12 returns duly filed no intention to evade duty revenue neutrality demand time-barred

Summary

Issues:
- Calculation of raw material cost for determining assessable value
- Invocation of extended period of limitation
- Allegation of suppression

Analysis:

Calculation of raw material cost for determining assessable value:
The case involved the manufacture of unmachined iron castings by three units. Unit I supplied castings to Units II and III. The Department issued a show-cause notice to Unit I for recovering differential duty based on the cost construction method. The dispute centered around the calculation of raw material cost. The appellants contended that they made an arithmetical mistake in determining the cost of production. The Tribunal noted that the correct material cost should be calculated by dividing the total value of raw material by the total weight of good castings. The formula proposed in the show-cause notice was accepted, leading to the demand for the differential duty.

Invocation of extended period of limitation:
The appellants argued that the extended period of limitation should not be invoked as there was no intention to evade duty, citing previous decisions. The Tribunal found that the allegation of suppression was not tenable as the appellants had filed necessary declarations and returns. It was observed that any arithmetical mistake made did not indicate an intent to evade payment of duty. The Tribunal also considered the vacating of the penalty imposed by the original authority as a significant factor in determining the applicability of the extended period of limitation. The appellants' reliance on previous tribunal decisions supporting their case further strengthened their argument against invoking the extended period of limitation.

Allegation of suppression:
The Tribunal found that the appellants had followed the correct provision of law for determining the assessable value of goods. Despite an arithmetical mistake in calculation, the intent to evade duty could not be attributed to the party. The Tribunal highlighted that any duty paid by the appellant-unit would be available as Modvat credit to the other units, emphasizing revenue neutrality. Ultimately, the Tribunal set aside the demand for duty, allowing the appeal in favor of the appellants.