2007 (2) TMI 424 - AT - Central Excise

Summary

Issues involved:
The appeal concerns the inclusion of 'cylinder holding charges' in the assessable value of industrial gases supplied by the respondents to their buyers. The key question is whether these charges should be considered part of the transaction value for excise duty calculation.

Summary:
The appeals filed by the Department challenge the decision of the learned Commissioner (Appeals) regarding the inclusion of 'cylinder holding charges' in the assessable value of industrial gases supplied by the respondents. The Commissioner (Appeals) had ruled in favor of the assessee, citing a previous Tribunal order. However, the Department argued that the Tribunal's order is under challenge in the Apex Court, and therefore, its finality and correctness are in doubt. The Department contended that until the civil appeal is disposed of, it would be inappropriate to follow the Tribunal's order.

The Tribunal noted that the Commissioner (Appeals) had relied on the Tribunal's previous order without discussing the merits. Given that the Department's appeal against that order is pending in the Apex Court, the Tribunal decided to set aside the impugned order. The Tribunal directed the Commissioner (Appeals) to reconsider the valuation issue on its merits without reference to the Tribunal's order being challenged in the Supreme Court. The Commissioner (Appeals) was instructed to provide a speaking order on the valuation issue, considering other judicial authorities not affected by the pending appeal. The assessee was to be given a fair opportunity to present their case.

In conclusion, the appeals were allowed by way of remand, emphasizing the need for a fresh assessment of the valuation issue without reliance on the Tribunal's order under challenge in the Supreme Court.