2006 (8) TMI 367 - AT - Central Excise

Summary

Issues: Short levy demand arising from dispute in valuation of captively consumed yarn; Demand for duty on yarn cleared for captive consumption later sold at higher prices.

The judgment pertains to a short levy demand of over Rs. 47 lakhs, with a significant portion arising from a dispute regarding the valuation of captively consumed yarn used in manufacturing hosiery items. The applicant valued the yarn at 115% of its cost of production, in accordance with Rules 8 and 9 of the Central Excise Valuation Rules, 2000. The applicant's Counsel argued that this method of valuation, backed by a clarification from the Central Board, was legally sound and did not result in any short levy. The Tribunal acknowledged the validity of this argument, emphasizing that the valuation rules and the Board's clarification mandated the 115% valuation for captively consumed goods. The Tribunal rejected the Revenue's contention that subsequent sale of a portion of the yarn at higher prices should trigger a revaluation, holding that the original valuation at the time of removal for captive consumption was correct and legally compliant.

Regarding the demand for duty on yarn cleared for captive consumption but later sold at higher prices, the Revenue relied on a Supreme Court judgment in the case of M/s. Sidhartha Tubes to argue for duty assessment based on the sale prices. However, the applicant's Counsel contended that duty had been correctly assessed at the time of removal for captive consumption, in line with the prevailing law, and that subsequent sale of a small portion of the yarn should not invalidate the original valuation. The Tribunal agreed with the applicant, emphasizing that the valuation and duty payment were done in compliance with the law at the time of removal, and any subsequent sale should not lead to a revaluation of the goods.

In conclusion, the Tribunal found merit in the applicant's contentions, upholding the valuation method of captively consumed goods at 115% of the cost of production as required by the Valuation Rules and the Central Board's clarification. The Tribunal waived the requirement for pre-deposit and granted a stay on recovery until the appeal was disposed of, ruling in favor of the applicant on both grounds of dispute related to the valuation of captively consumed yarn and the duty demand on yarn later sold at higher prices.