2009 (4) TMI 710 - AT - Central Excise

Summary

Issues involved: Determination of assessable value of goods for captive consumption u/s Rule 8 of Central Excise Valuation Rules, 2000 and applicability of Rule 11 for valuation.

Summary:
The appeal was filed against the Order-in-Appeal dated 28-2-2003 passed by the Commissioner (Appeals) by M/s. Aluplex India Pvt. Ltd., Navi Mumbai regarding the determination of assessable value of goods for captive consumption. The case pertained to the period 1998-99, 1999-2000, and 2000-2001. The main contention was the addition of profit margin to the cost of production of goods used for curtain walls. The Commissioner (Appeals) ordered the determination of assessable value under Rule 11 of the Valuation Rules due to the open question of the applicability of Rule 8. The value was to be determined using reasonable means consistent with the Valuation Rules and Section 4 of the Act. The Commissioner upheld the order adding 15% profit margin to the cost of production for arriving at the assessable value of the goods.

The appellants relied on a Board's Circular regarding job work situation for valuation, but it was deemed inapplicable as they were not a job worker. The lower authorities' orders for determining the value of components of curtain wall by adding 15% profit to the cost of production under Rule 11 and Rule 8 were considered proper and legal. The principles and provisions of Rule 8 were found relevant in determining the assessable value under Rule 11 to arrive at a value closest to the transaction value of the goods.

The Tribunal found no infirmity in the lower authorities' orders and upheld the same, rejecting the appeal. The orders were deemed proper and in accordance with the Valuation Rules and legal principles for determining the assessable value of goods used for captive consumption.