1986 (9) TMI 184 - AT - Central Excise

Summary

Issues:
1. Merits of including the cost of inserts in the assessable value of sleepers under Section 4 of the Central Excises and Salt Act, 1944.
2. Limitation period for the show cause notice dated 8-10-1982.
3. Estoppel regarding the approval of price lists without the cost of inserts.

Analysis:

1. Merits of Including Cost of Inserts:
The dispute revolved around whether the cost of inserts should be part of the assessable value of sleepers. The department relied on a Calcutta High Court judgment, while the respondents cited an Andhra Pradesh High Court judgment. However, a subsequent Supreme Court judgment in the case of M/s. Empire Industries Ltd. clarified that the assessable value must encompass the entire intrinsic value of the article. Consequently, the ruling favored the department on this issue.

2. Limitation Period for Show Cause Notice:
Regarding the limitation, it was found that the show cause notice did not seek recovery for any period before the effective date of the revised price lists submitted by the respondents. The Assistant Collector's approval related back to the respective revised price list's effective date. Therefore, the recovery of differential duty from the effective date of the price revision was deemed valid and not constrained by the limitation under Section 11A.

3. Estoppel Concerning Approval of Price Lists:
The judgment determined that there was no basis for estoppel in this case. The Assistant Collector initiated the inquiry only after the respondents submitted revised price lists. The absence of any explicit decision on the inclusion or exclusion of the cost of inserts in the earlier price list No. 1/80 negated the claim of estoppel. The respondents' presumption that the cost of inserts should not be included lacked substantiation. Hence, there was no impediment for the Assistant Collector to proceed with the inquiry based on the fresh price lists.

In conclusion, the appeal was allowed, the impugned order-in-appeal was set aside, and the order-in-original was restored with the modification that the demand for differential duty before the effective date of the revised price list No. 2/80 was quashed.