(1.) By consent of parties, G.A. No. 218 of 2012 is taken on day's list. This is an application taken out for amendment of the cause title of the writ petition. The petitioners seek an order for correcting the name of the petitioner from "H.V. Axles Ltd." to "TML Drivelines Ltd." on the strength of the order of amalgamation passed by the Hon'ble High Court. This Court finds that such application is formal in nature and is thus allowed. The office is directed to make necessary amendments in the Cause Title.
(2.) The core issue involved in the proceeding before the Commissioner was whether the bill discounting charges by the bank in terms of an agreement with the Tata Motors can be allowed to be included or excluded while determining the cost of the raw material. According to the petitioners, the arrangement between the Tata Motors and the bank was that if the buyer wants an immediate payment for the supplies, the bank would pay the less amount of 1.9 per cent of the total value of the bills which partakes the character of an interest charged by the bank and, therefore, cannot be included in assessing or evaluating the costs of the raw materials.
(3.) Admittedly the petitioners are job workers and manufacture of Axles for which the raw materials are supplied by the Tata Motors. The Commissioner negatived the contention of the petitioners that the amount equivalent to 1.9 per cent of the total bill cannot be excluded while assessing the value of the raw materials and directed the petitioners to pay the excise duty on the said amount, it is not in dispute that the petitioners have not paid the excise duty but as it appears from the facts narrated hereinabove it is restricted to an amount equivalent to 1.9 per cent of the bills of the raw materials. The order of the Commissioner is assailed before the Tribunal by the petitioners. The petitioners took out an application for waiver of the precondition deposit which is disposed of by allowing the waiver to the extent of around 50 per cent. A miscellaneous application for reconsideration of the said order also stood dismissed by the Tribunal on the finding that the order sought to be reconsidered does not contain any error on the face of the record. Both the orders are assailed in this writ petition. Initially, this Court disposed of the writ petition directing the Tribunal to reconsider the miscellaneous application afresh as it does not contain any reasons. The department carried the said order to intra Court appeal whereupon the Division Bench of this Court set aside the order and directed the Hon'ble Single Bench to examine all aspects of the matter including whether the precondition deposit of Rs. 8 crores passed earlier and rejection of the modification of the earlier order were justified or not. The counsels appearing for both the parties have addressed on a parent order by which an application for seeking waiver of precondition deposit is disposed of by the Tribunal.