2010 (1) TMI 1036 - AT - Central Excise

Summary

Issues involved: Appeal by Department against order of Commissioner (Appeals) regarding valuation of Lead Anode Sheets and Lead Headers for captive consumption.

Details of the judgment:

1. Manufacture of Lead Anode Sheets and Lead Headers: The respondent manufactures Lead Anode Sheets and Lead Headers for use in the manufacture of Zinc. The process involves obtaining lead ingots, rolling them into sheets, and supplying them to independent job workers for fabrication. The job workers then fabricate the lead headers and weld them to the lead sheets. The duty liability on goods manufactured on job work basis lies with the job worker.

2. Show Cause Notices and Duty Demand: Three show cause notices were issued alleging undervaluation of Lead Anode Sheets and Lead Headers cleared for captive consumption. The Original Authority confined the demand to only Lead Headers and imposed a penalty. The Commissioner (Appeals) adjusted the duty demand attributable to Lead Headers against the duty paid by the respondent on both Lead Anode Sheets and Lead Headers, leading to no further demand or penalty.

3. Arguments by Department and Respondent: The Department argued that duty demand should not have been adjusted as Lead Anode Sheets were held not dutiable by the Supreme Court. The respondent contended that the duty demand should consider the duty already paid on Lead Anode Sheets, as the product was treated as a composite item initially. The respondent also highlighted that Lead Headers were manufactured on a job work basis.

4. Decision: The Tribunal found that the dispute revolved around the adjustment of duty paid on Lead Anode Sheets against the duty payable on Lead Headers. Considering the peculiar facts of the case and the subsequent development of the Supreme Court judgment, the Commissioner (Appeals) decision to allow the adjustment was deemed reasonable and legal. The Tribunal distinguished the case of Indus Engg. Co. cited by the Department, stating it was not applicable to the present case. Consequently, the appeal by the Department was rejected.

5. Conclusion: The Tribunal upheld the order of the Commissioner (Appeals) regarding the adjustment of duty paid on Lead Anode Sheets against the duty demand on Lead Headers, as the dispute was narrowed down to this specific issue.

(Order dictated and pronounced in open court on 1-1-2010)