2003 (12) TMI 534 - AT - Central Excise

Summary

Issues:
Determining assessable value based on the price of a related company in job work basis clearances.

Analysis:
The judgment revolves around the issue of whether the price of a specific company can be used as the basis for demanding duty on goods manufactured by the appellants on a job work basis. The Department argued that the price set by Shaw Wallace Company Limited, considered a related entity, should be used to determine the assessable value of the goods. However, the appellants' Counsel contended that the price set by the appellants themselves should be adopted for this purpose. This matter had previously been deliberated upon by the Chennai Bench where a difference of opinion arose among the members, leading to a referral to a third Member. The third Member ultimately supported the view that the price set by the appellants should indeed be considered for determining the assessable value. It was emphasized that Shaw Wallace Co. Ltd. could not be deemed related to the appellants as per the definition in Section 4(1)(a) due to the lack of mutual interest between the two companies, as established in a prior Final Order.

Upon hearing arguments from both sides, the Revenue representative acknowledged the factual position presented by the appellants. After careful consideration, the Tribunal accepted the majority view from the Chennai Bench, thereby allowing all the appeals and granting any consequential relief deemed necessary. The decision rested on the principle that the price at which the goods were sold by the appellants should be the determining factor for the assessable value, rather than relying on the price set by Shaw Wallace Co. Ltd., which was not considered a related entity in this context. The judgment highlights the importance of establishing mutual interest between companies to classify them as related for the purposes of determining assessable value in such cases.