2011 (2) TMI 932 - AT - Central Excise

Section 4 of Central Excise Act 1944 - Assessable Value - Value of Part will be include in Assessable value of Product or not - Held that After spot verification had clearly indicated that the cranes were designed for handling billets without as well as with magnets. The appellant s finished product i.e. EOT cranes were completely manufactured even without being fitted with magnets. Therefore Value of Magnet cannot be part of Assessable Value - Decided in favour of Assessee

Summary

Issues involved:
1. Non-inclusion of the value of magnets in the assessable value of EOT cranes for central excise duty calculation.

Analysis:
The appeal was directed against an order-in-appeal dated 28.08.2003, where it was found that the appellant had not included the value of magnets imported and cleared along with EOT cranes, leading to two show-cause notices demanding differential duty. The matter was remanded back to the adjudicating authority to determine whether the magnets were attached to the cranes before clearance from the factory premises. The adjudicating authority, in a denovo proceeding, dropped the proceedings initiated by the show-cause notices. However, the Revenue appealed, and the Commissioner (Appeals) set aside the order-in-original, stating that the magnets were essential parts of the EOT cranes and their value should have been included. The appellant contested this decision, claiming the cranes were designed for handling iron billets with or without magnets based on customer requirements.

The range Superintendent's verification report indicated that the cranes were designed to handle billets with or without magnets, supporting the appellant's claim that the cranes were fully manufactured without magnets. The Commissioner (Appeals) presumed that the magnets were attached and tested in the factory premises, but there was no concrete evidence to support this presumption. The Tribunal concluded that the impugned order was incorrect, set it aside, and allowed the appeal with consequential relief, if any. The decision was based on the factual verification report and the lack of evidence supporting the presumption made by the Commissioner (Appeals).

This case highlights the importance of factual evidence in determining the assessable value for central excise duty calculation. The Tribunal emphasized the need for concrete evidence to support presumptions made by adjudicating authorities, ensuring a fair and accurate assessment of duty liabilities. The judgment serves as a reminder of the significance of thorough verification and reliance on factual findings in tax-related disputes to uphold the principles of justice and fairness in legal proceedings.