2010 (7) TMI 459 - AT - Central Excise

Valuation Additional consideration - supply of tools, dies, moulds, technical maps and charts and similar items used by the buyer free of charge or at reduced cost for use in production of goods - the amortised value of the tools is to be included in the assessable value of the goods manufactured by the Appellant for supply to their customer, the matter is remanded to the Commissioner (Appeals) for requantifying the duty demand, as per our observations in this order and also re-determining the quantum of penalty under Section 11AC based on the revised duty demand.

Summary

Issues:
- Appeal against order-in-Appeal dismissal
- Condonation of delay application
- Inclusion of tool charges in assessable value
- Applicability of Rule 6 of Central Excise Valuation Rules
- Invocation of extended period for duty recovery
- Imposition of penalty under Section 11AC

Detailed Analysis:

1. The appeal was filed against the dismissal of the order-in-Appeal by the Commissioner. The Appellant sought condonation of a 10-day delay, which was granted based on the grounds presented in their application.

2. The matter was initially listed for a stay application and condonation of delay application. However, upon review, the Tribunal decided to proceed with the final disposal of the appeal.

3. The key issue revolved around the inclusion of tool charges in the assessable value of crane parts manufactured by the Appellant. The Department contended that the charges for tools recovered from customers should be included in the assessable value under Rule 6 of Central Excise Valuation Rules, 2000.

4. The Appellant argued that the tool charges were not includible as they were a revenue-neutral case, and cited precedents such as Automotive Axles Ltd. v. CCE and International Auto Ltd. v. CCE to support their position.

5. The Department maintained that the value of tools should be considered as additional consideration under Rule 6, as the tools were used exclusively for manufacturing goods for a specific customer, resulting in a higher assessable value.

6. The Tribunal found that the cost of tools supplied free of charge to the Appellant by the customer should be included in the assessable value. However, the duty demanded needed to be re-calculated based on the amortized cost of the tools rather than the full amount.

7. Due to the Appellant's failure to disclose relevant facts regarding tooling charges, the Department was justified in invoking a longer limitation period for duty recovery and imposing a penalty under Section 11AC for suppression of facts.

8. The Tribunal remanded the matter to the Commissioner (Appeals) for reassessment of the duty demand and penalty based on the revised duty calculation as per the Tribunal's observations.

This detailed analysis covers the various issues raised in the legal judgment and provides a comprehensive overview of the arguments presented by both parties and the Tribunal's decision.