2010 (8) TMI 897 - AT - Central Excise

Summary

Issues involved: Determination of assessable value for goods manufactured on job work basis.

Summary:
The appeal dealt with the determination of assessable value for goods manufactured on job work basis. The assessee had adopted the selling price of Reliance Industries Ltd. (RIL) for texturised yarn as the basis for paying duty, while the department argued for the cost construction method. The Commissioner allowed the appeal, leading to the department's appeal. The Commissioner relied on Board's instructions, stating that the value in job work cases can be determined based on cost construction method or comparable goods. The Commissioner also cited a Supreme Court decision supporting the binding nature of the Board's circular on officers. The Commissioner noted that the original adjudicating authority did not consider the appellant's evidence, including a previous order of the Commissioner (Appeals) in their favor. The Commissioner set aside the impugned order and allowed the appeals filed by the assessee. It was observed that there was no under-valuation as the job work was done only for RIL, and the price adopted by the unit was generally higher than RIL's price. The Tribunal found no merit in the department's case on both the merits and limitation, leading to the rejection of the appeal. The judgment was pronounced on 23-8-2010.