2007 (3) TMI 470 - AT - Central Excise

Summary

Issues involved:
Interpretation of provisions u/s 4(3)(b) of the Central Excise Act for determining related persons and assessable value.

Summary:
The case involved M/s. Koya & Company Industries Pvt. Ltd. (KCIL) manufacturing pre-stressed concrete pipes and selling them to M/s. Koya & Company Construction Pvt. Ltd. (KCCL) for a Water Supply Project. A show-cause notice was issued demanding differential duty based on the relationship between KCIL and KCCL as 'interconnected undertakings' and the assessable value of the goods. The Commissioner confirmed the duty demand, and penalty was imposed.

Upon examination, it was found that KCIL and KCCL were 'interconnected undertakings' as per Section 4(3)(b)(i) of the Act. The Commissioner considered them 'related persons' due to an interest-free advance received by KCIL from KCCL. However, the Tribunal accepted KCIL's argument that the advance was a normal commercial transaction and did not indicate mutual business interest between the parties during the disputed period.

Regarding the determination of assessable value, the Commissioner applied Rule 9 of the Valuation Rules based on the sale price between KCCL and TWAD Board. The Tribunal disagreed, stating that Rule 9 was not applicable as KCIL and KCCL were related only as 'interconnected undertakings.' Since the conditions of Rule 10 were not met, valuation under Rule 11 was deemed appropriate due to the goods being used in a turn-key contract.

The Tribunal set aside the order, directing the Commissioner to determine the assessable value afresh under Rule 11, considering the findings of the Tribunal. The appeal was allowed for remand.