2006 (9) TMI 311 - AT - Central Excise

Summary

Issues:
1. Recovery of full duty on works contract orders.
2. Denial of S.S.I. exemption under Notification No. 175/86-C.E.
3. Inclusion of installation, erection, and commissioning charges in determining assessable value.
4. Dispute regarding the addition charges on account of installation, erection, and commission of works contract.
5. Classification of machinery at sites as goods or immovable property.
6. Applicability of Apex Court judgments in similar cases.
7. Determination of liability to SSI exemption under Notification 175/86-C.E.

Analysis:
1. The appellant received a notice proposing to recover full duty on works contract orders, including installation charges. The Asstt. Collector confirmed the demand, but the Commissioner allowed an appeal directing further action due to jurisdictional limitations. The Collector confirmed the demand without issuing a fresh notice. The Tribunal later set aside the order, stating that installation charges should not be included in the assessable value.

2. Previous disputes indicated that duty was paid based on a costing basis for parts manufactured. The issue revolved around whether installation charges should be included in the assessable value, citing relevant Apex Court judgments. The notice in question specifically disputed the addition charges for installation, erection, and commission of works contracts, with no dispute on classification. The Tribunal held that only the value of goods manufactured should be considered for SSI exemption, not the entire work contract value.

3. The Tribunal referred to its previous order, stating that only the value of goods cleared should be considered for SSI exemption. It emphasized that the determination of goods' value should not include charges for erection and commissioning. Therefore, the Tribunal found no merit in the impugned order and allowed the appeal, setting aside the previous decision.

4. In conclusion, the Tribunal ruled in favor of the appellant, emphasizing that the value of goods for SSI exemption should not include charges for installation, erection, and commissioning. The decision was based on relevant Apex Court judgments and the specific nature of the dispute raised in the notice.