2010 (12) TMI 1021 - AT - Central Excise

Value of accessories in the assessable value - Demand of duty and penalty with penalty on Director of the respondent unit - erection and commissioning charges and the value of accessories - there is a reference in the show-cause notice to the SCADA type system and inclusion of additional consideration towards supply of accessories, erection and commissioning charges - Held that - Department had sought for inclusion of installation, erection and commissioning charges and not as charges for completing the product. Therefore, the Commissioner (Appeals) has rightly disallowed the inclusion of such installation charges as per Sl.No. 10 of the Board s Circular, Revenue could not produce any evidence that accessories supplied were integral or essential part of the product supplied by the respondent to their customers, no infirmity in the impugned order-in-appeal, the same is upheld and the appeals which are devoid of merit are dismissed.

Issues:
- Appeal against order-in-appeal confirming demand, interest, and penalty
- Inclusion of erection and commissioning charges in assessable value
- Inclusion of value of bought out items in assessable value
- Interpretation of Board's Circular on assessable value
- Allegation of deliberate suppression of facts and penalty on Director
- Classification of SCADA system under Chapter sub-heading 8537
- Contention regarding accessories not being integral part of goods
- Assessment of charges for erection and commissioning at customer's site
- Assessment of value of accessories supplied to customers

Analysis:
The appeal pertains to the Revenue challenging an order-in-appeal setting aside the demand, interest, and penalty imposed on the respondent and its Director. The main issue revolves around whether erection and commissioning charges, along with the value of bought out items, should be included in the assessable value of the products supplied by the respondent. The Commissioner (Appeals) had ruled in favor of the respondent, citing Board's Circular No. 643/34/2002-CX. The Revenue contended that the SCADA system emerging at the customer's site falls under Chapter sub-heading 8537, justifying the inclusion of charges and values in the assessable amount.

Regarding the inclusion of erection and commissioning charges, the Commissioner (Appeals) held that such charges need not be added to the assessable value based on the Board's Circular. The department argued that if charges are incurred to bring excisable goods into existence, they should be included. However, the Tribunal found that the department's case focused on charges for installation, not completion of the product, leading to the dismissal of the inclusion of such charges.

On the matter of including the value of accessories in the assessable value, the Tribunal noted the lack of evidence from the Revenue to establish that the accessories were integral to the goods supplied by the respondent. As a result, the impugned order-in-appeal was upheld, dismissing the appeals for lacking merit. The Tribunal emphasized the principle that goods should be assessed at the stage of removal and when payment is connected to the sale, highlighting the necessity of bought out items for the main article to function.

In conclusion, the Tribunal found no grounds to overturn the Commissioner (Appeals)' decision, as the department failed to prove the essentiality of including erection and commissioning charges and accessory values in the assessable amount. The appeals were deemed devoid of merit and dismissed accordingly.

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