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2005 (9) TMI 348 - AT - Central Excise
Issues:
1. Inclusion of the value of bought-out items in the assessable value of the electronic weighing system for levy of Central Excise duty. Analysis: The appeal before the Appellate Tribunal CESTAT, Chennai, involved a dispute regarding the assessable value of an electronic weighing system manufactured under turn-key contracts. The respondents installed the system at customers' sites, comprising various components, with only consoles/data processors being manufactured by them in their factory. The original authority included the value of bought-out items in the assessable value, leading to a duty demand. The Commissioner (Appeals) classified the system as immovable property and the consoles/data processors under Heading 84.71, following the Supreme Court's judgment in Mittal Engineering Works. The Commissioner set aside the duty demand, prompting the Revenue's appeal. Upon examination, the Tribunal considered whether the value of bought-out items should be included in the assessable value of the electronic weighing system for excise duty purposes. The Revenue argued that the weighing system constituted 'goods' under the Central Excise Act, citing a Supreme Court judgment. However, the Central Board of Excise and Customs rejected this view, stating that immovable final products would not be dutiable in CKD form. Considering various Tribunal decisions and Supreme Court judgments, including Mittal Engineering and Sirpur Paper Mills, the Board clarified that immovable products in unassembled form would not be dutiable. The Tribunal upheld the Commissioner's order, agreeing that the weighing system was non-excisable immovable property, while the consoles/data processors were excisable under Heading 84.71. In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the Commissioner's decision. The judgment aligns with the legal position established by the Board's order and the interpretation of the Central Excise Tariff rules. The operative portion of the order was pronounced on 14-9-2005.
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