2009 (8) TMI 1002 - AT - Central Excise

Summary

Issues: Valuation of goods for duty liability, inclusion of insurance charges and lease charges, time-barred issue, application of Rule 6 of Central Excise (Valuation) Rules, 2000, waiver of pre-deposit

The case involved a dispute regarding the valuation of goods manufactured and supplied by the appellants to another company under an agreement. The Commissioner concluded that the appellants did not correctly value the goods for duty liability, specifically due to the non-inclusion of insurance charges and the difference between annual interest on a loan for machinery and lease charges. The appellants argued that lease rent paid to the other company should not affect the duty valuation, and insurance charges were for machinery security. They also raised the issue of the case being time-barred.

Upon reviewing submissions, the Tribunal found the issue required the application of Rule 6 of the Central Excise (Valuation) Rules, 2000 for accurate valuation. It was noted that the appellants paid lease rent for machinery and that insurance charges and the difference in interest and lease charges needed consideration for correct valuation. The Tribunal stated that a detailed examination of evidence would occur during the final hearing. As the appellants did not establish a prima facie case for complete waiver of pre-deposit, they were directed to pre-deposit a specific amount within eight weeks. Compliance would allow waiver of pre-deposit for the remaining disputed amounts, with recovery stayed until appeal disposal, failure to comply leading to appeal dismissal.

In conclusion, the Tribunal addressed the valuation issue, the inclusion of charges for correct assessment, and the necessity of pre-deposit to proceed with the appeals. The judgment emphasized the application of relevant rules and the need for compliance with the pre-deposit directive for further consideration of the case.