2004 (10) TMI 526 - AT - Central Excise

Summary

Issues:
1. Valuation of slag wool including the cost of special packing in GI wire netting.
2. Applicability of the decision in the case of Siddharth Tubes Ltd. to the present case.

Analysis:
1. The appeal challenges an order-in-appeal regarding the assessable value of slag wool, contending that the cost of special packing in GI wire netting should not be included as most sales are without such packing, done only upon customer request outside the factory. The appellant argues that packing outside the factory should not impact the valuation of slag wool. The Revenue, however, asserts that since the slag wool is sold in special packing, the cost of GI wire netting packing should be part of the assessable value.

2. The appellant distinguishes the present case from the Siddharth Tubes Ltd. decision by highlighting that the disputed process occurred outside the factory of manufacture, unlike in the case referenced. The impugned order acknowledges that the slag wool is cleared from the factory before packing in wire netting is done externally. Drawing a factual distinction, it is concluded that the Supreme Court's decision in Siddharth Tubes does not apply here. Consequently, the cost of special packing in wire netting is deemed not includible in the assessable value of the slag wool. As a result, the impugned order is set aside, and the appeal is allowed.

This judgment clarifies the valuation aspect concerning special packing of goods and emphasizes the importance of factual distinctions in applying legal precedents to specific cases.