2011 (8) TMI 623 - AT - Central Excise

Valuation - Assessee manufacturer of M.V Parts - Specification, Drawing & design provided by Customer -Revenue drawing and designing should form part of assessable were taken as 2% of assessable value - Held That - In view of CE, Pune vs M/s. Bharat Forge Ltd. (2000 - TMI - 49915 - CEGAT, WEST ZONAL BENCH, MUMBAI), drawing supplied by the customers for product manufactured by the manufacturer, the cost thereof is not includible in the assessable value.

Summary

Issues:
Whether the cost of drawing and designs supplied by the customer is to be included in the assessable value or not.

Analysis:
The appeals were filed by the Revenue regarding the inclusion of drawing and designs costs provided by customers in the assessable value of manufactured M.V. Parts. The Range Supdt. considered these expenses as 2% of the assessable value, leading to show-cause notices for demanding differential duty, interest, and penalty under Rule 173Q of the Central Excise Rules. The Commissioner(Appeals) relied on previous decisions and set aside the adjudication order, allowing the appeals of the respondents. The Revenue appealed against this decision.

Argument by Revenue:
The Revenue argued that the drawing and designs supplied by customers, even if free of cost, incurred expenses for the respondents, which should be included in the assessable value. Thus, the impugned order should be set aside.

Decision and Reasoning:
Despite no representation from the respondents, the Tribunal reviewed the cross-objections and decided to proceed without their presence. Citing precedents like CCE, Pune vs M/s. Bharat Forge Ltd. and CCE, Pune vs. Luna Agro Industries Pvt. Ltd., the Tribunal held that the cost of drawing and designs incurred by customers should not be included in the assessable value of goods supplied by the manufacturer. Following the decisions of the co-ordinate Bench, the Tribunal dismissed the Revenue's appeals, stating no merits were found. The cross-objections were also disposed of accordingly.