2006 (5) TMI 376 - AT - Central Excise

Summary

Issues:
Jurisdiction of the Bangalore Commissioner to assess duty on semi-finished goods transferred to sister units; Application of Cost Construction Method under Rule 8 of Valuation Rules, 2000; Contestation of duty payment at sister units; Stay application for full waiver of pre-deposit and recovery.

Jurisdiction of Bangalore Commissioner:
The appellant was directed to pre-deposit a duty amount and interest for activities related to "Safety Seat Belt Assembly." The appellant transferred items to sister units in Gurgoan and Chennai, applying the Cost Construction Method under Rule 8. The Revenue challenged duty payment at the Bangalore unit, claiming no new product was created at sister units. The appellant argued against Bangalore Commissioner's jurisdiction over sister units' processes and duty payments. The Tribunal found prima facie that the Commissioner lacked jurisdiction to dispute sister units' manufacturing processes. The appellant's position was deemed legally correct, as semi-finished goods were assessed in Bangalore and sister units paid due duties after manufacturing processes. The stay application was granted, waiving pre-deposit and recovery until appeal disposal, with an expedited hearing scheduled.

Application of Cost Construction Method:
The appellant utilized the Cost Construction Method under Rule 8 for valuation. Sister units in Gurgoan and Chennai processed goods, leading to duty assessments and payments there. The Revenue contested the method's application and duty payment at Bangalore, which the appellant argued had been accepted previously. The Tribunal acknowledged the appellant's adherence to Rule 8 and duty payment consistency at sister units. It found the Revenue's challenge to be unsupported by law, as duties for processes at sister units had been settled. Consequently, no duty was deemed payable on the products, and the stay application was approved for waiver and recovery suspension.

Contestation of Duty Payment at Sister Units:
The Revenue disputed duty payment at sister units, alleging no new product creation and demanding duty at Bangalore. The appellant refuted this, emphasizing the acceptance of the Cost Construction Method and duty payment at sister units. The Tribunal agreed with the appellant's stance, stating that duties had been appropriately paid at sister units following manufacturing processes. It deemed the Revenue's actions against the law, as duties for processes at Gurgoan and Chennai had been discharged. As a result, the stay application was granted, halting pre-deposit and recovery until appeal resolution, with an expedited hearing scheduled.

Stay Application for Full Waiver of Pre-deposit and Recovery:
The Tribunal allowed the stay application, providing a full waiver of pre-deposit and suspending recovery until the appeal's finalization. It directed the Commissioner to submit a report on the matter due to the substantial amount involved. An out-of-turn hearing was scheduled for an expedited appeal resolution, ensuring no recovery until the appeal's conclusion. The Tribunal's decision aimed to uphold fairness and procedural correctness in the ongoing legal process.