2010 (8) TMI 1093 - AT - Central Excise

Summary

Issues involved: Interpretation of Central Excise Valuation Rules, 2000 u/s Rule 8 for cost calculation of denatured spirit, applicability of CAS-4 costing principles retrospectively.

In this case, the respondents, who are manufacturers of sugar, molasses, denatured spirit, and carbon dioxide, were alleged to have undervalued denatured spirit by adopting the price of molasses billed to unrelated buyers as the cost of molasses, instead of 115% of such cost captively consumed as per Rule 8 of the Central Excise Valuation Rules, 2000. The adjudicating authority accepted that selling and administration expenses and interest are not includible in the assessable value as per CAS-4 but held that CAS-4 was not required to be adopted for clearances prior to 13.2.2003. The Commissioner (Appeals) set aside the order loading the value of molasses by 15% and including selling and administration expenses in the cost of manufacture. The Revenue appealed, contending that CAS-4 has only prospective effect. However, citing precedents like Arthi Industries Ltd. v. CCE Vapi and Ashima Denims Ltd. v. CCE Ahmedabad, it was held that CAS-4 costing principles can be adopted retrospectively. The Tribunal upheld the impugned order, dismissing the appeal by the Revenue.

Conclusion: The Tribunal upheld the impugned order, dismissing the appeal by the Revenue, based on the retrospective applicability of CAS-4 costing principles as established in relevant precedents.