1981 (1) TMI 263 - CGOVT - Central Excise

Summary

Issues:
1. Assessment of assessable value for ammonia gas consumed internally by a company.
2. Determining the appropriate price for goods consumed internally based on sales to dealers and D.G.S. & D.
3. Interpretation of normal price for goods consumed internally under the Central Excises and Salt Act, 1944.
4. Comparison of prices charged to different categories of buyers for goods consumed internally.
5. Application of Valuation Rules for determining the assessable value of goods captively consumed.

Analysis:
The judgment addresses the issue of assessing the assessable value for ammonia gas consumed internally by a company. The company, a manufacturer of ammonia gas, sold the gas to dealers and D.G.S. & D., with part of the gas being used internally in fertilizer production. The dispute arose regarding the appropriate price to determine the assessable value of the gas consumed internally. The Asstt. Collector initially used the price charged to dealers, while the Appellate Collector favored the price charged to D.G.S. & D. The Central Government tentatively opined that the normal price of goods sold to dealers should be considered for goods consumed internally, issuing a show cause notice to review the decision.

Further, the judgment delves into the interpretation of the normal price for goods consumed internally under the Central Excises and Salt Act, 1944. The company argued that the price charged to D.G.S. & D. was the normal price and should be used for internal consumption assessment. They also proposed a lower price based on Valuation Rules. The Government differentiated between prices for different categories of buyers, emphasizing that the assessable value for internally consumed goods should be based on the price charged to dealers, not D.G.S. & D. The judgment rejected the argument to apply the price of another manufacturer's goods for comparison, stating that the company's own goods should be considered.

Moreover, the judgment discusses the application of Valuation Rules in determining the assessable value of goods captively consumed. It was concluded that the order of the Asstt. Collector, setting the assessable value equal to the price charged to dealers, was correct. The Appellate Collector's order was overturned, and the Central Government confirmed the initial view in the show cause notice, reinstating the Asstt. Collector's decision. The judgment provides a detailed analysis of the pricing considerations and interpretations under the Central Excises and Salt Act, 1944, in the context of goods consumed internally by a manufacturing company.