2005 (3) TMI 16 - SC - Central Excise

Valuation(Central Excise) Department contended that value of scrap arise during manufacturing of points and crossing includible in the assessable value of the goods Authority reliance placed in prior decision and decided in favour of appellant.

Summary

Issues:
1. Whether the value of scrap should be included in the computation of the value of points and crossings manufactured on a job work basis for the Railways.

Analysis:
The Supreme Court analyzed the case where the Appellants manufactured points and crossings for the Railways on a job work basis, with waste/scrap arising in the process. The Court referred to the Ujagar Prints case, stating that the assessable value of goods produced on job work basis includes the cost of raw material, processing charges, and profits of the processor. The value of points and crossings should be calculated by considering the cost of raw material, labor charges, and any profits earned by the processor.

The Court noted that even though waste/scrap is not returned to the Railways but sold off by the Appellants, the cost of raw material for manufacturing remains the same. The conversion charges, including labor charges, should be added to the cost of raw material, along with any profits earned by the processor. The value of scrap should only be included if it depresses the conversion charges due to the processor being allowed to keep and sell the scrap.

The Court emphasized that the burden of proving that the price is depressed due to the sale of scrap lies with the Revenue. In this case, the contract between the parties indicated that the price was affected by the availability of 5% wastage to the Appellants, leading to the inclusion of the value of scrap in the computation of the value of points and crossings.

The Court disagreed with a previous decision of CEGAT in Hindustan Engineering & Industries Limited's case, stating that the value of scrap should be included in the value of points and crossings. The Court clarified that the value of scrap should be determined based on the price realized, and excise paid on scrap does not affect the computation of the value of points and crossings. The decision in Hindustan Engineering & Industries Limited's case was overruled, and the impugned Judgment was upheld, leading to the dismissal of the Civil Appeals with no order as to costs.