2009 (9) TMI 834 - AT - Central Excise

Summary

Issues:
1. Application of Circular No. 692/8/2003-CX post passing of Order-in-Original.
2. Valuation of goods using CAS-4 standard.
3. Retrospective application of Circular dated 13-2-2003.
4. Lack of hearing of Departmental representative by lower appellate authority.

Analysis:
1. The judgment revolves around the application of Circular No. 692/8/2003-CX, issued post passing the Order-in-Original. Both parties agree that the original authority did not have the benefit of this circular. The lower appellate authority allowed relief to the respondents based on the valuation of goods using CAS-4 standard, leading to the Department's appeal.

2. The Department argued that the lower appellate authority did not hear the Departmental representative or verify if the submissions conform to the CAS-4 standard. It was contended that the circular issued on 13-2-2003 cannot be applied retrospectively. The respondent's advocate cited a Supreme Court ruling allowing CAS-4 standard application to pending cases related to past periods.

3. The Tribunal, considering the Supreme Court decision in the Cadbury India Ltd. case, acknowledged the permissibility of adopting CAS-4 standard for periods preceding the circular's issuance. However, due to the lack of verification of submissions before the original authority, the impugned order was set aside. The matter was remanded to the original authority for a fresh decision in line with the Circular dated 13-2-03.

4. The judgment highlights the importance of proper verification of submissions and adherence to relevant standards even in retrospective application scenarios. The decision to remand the matter emphasizes the need for a fair and thorough consideration of all aspects, ensuring compliance with applicable circulars and standards in tax matters.