2006 (12) TMI 27 - AT - Central Excise

Valuation (Central Excise) Credit availed on invoices raised for development charges were disallowed with a order of court After considering the fact authority decided that appellant were eligible for modvat credit

Summary

Issues:
Credit rejection for development charges on invoices raised for ware bloc machine and traveling wheel.

Analysis:
The appellant contested the rejection of credit for development charges, arguing that these charges were part of the manufacturing cost and should be eligible for Cenvat credit under Section 4. They cited a Tribunal ruling and pointed out that the invoices in question were not for the removal of capital goods but for additional charges related to development of patterns, which were included in the Transaction Value. However, the Commissioner (Appeals) disagreed, stating that the references in the invoices were not conclusive. The consultant emphasized the clarity of the invoices, highlighting the payment of development charges as part of the Transaction Value.

The learned JDR reiterated the departmental view, leading to a detailed examination of the invoices by the Tribunal. Upon review, it was found that the appellants had clearly specified the prices for patterns/development charges, sets, rates, amounts paid, and basic duty discharged. Following the cited judgment, it was determined that these development charges formed part of the assessable value, making them eligible for modvat credit. Consequently, the impugned order was deemed incorrect and set aside, allowing the appeal with any consequential relief.

In conclusion, the Tribunal ruled in favor of the appellant, overturning the rejection of credit for development charges on the invoices related to the ware bloc machine and traveling wheel. The decision was based on the clear documentation provided by the appellants, which established the payment of development charges as part of the Transaction Value, making them eligible for Cenvat credit.