2012 (9) TMI 673 - AT - Central Excise

Assessable value - goods are cleared for captively use of their sister unit in the manufacturing of final product Held that - Board Circular No. 692/08/2003-CX is having retrospective effect and the correct method to arrive at assessable value for the goods captively used by sister unit in manufacturing of final product is only CAS-4, therefore, the circular is clarificatory in nature against revenue

Summary

Issues:
- Appeal against order setting aside adjudication order including marketing, distribution, and advertisement expenses in assessable value.
- Interpretation of Board Circular No. 692/08/2003-CX regarding assessable value for goods cleared for captively use.

Analysis:
1. The appeal was filed by the Revenue against the order of the Commissioner (Appeals) which set aside the adjudication order including marketing, distribution, and advertisement expenses in the assessable value declared by the respondents. The Revenue argued that the respondents did not include these expenses when clearing goods to their sister unit for manufacturing the final product. The Revenue claimed that the Commissioner (Appeals) relied on Board Circular No. 692/08/2003-CX, which was issued after the relevant period (April 2000 to September 2002). Therefore, the Revenue contended that the respondents were not entitled to the benefits of the Circular, and the impugned orders should be set aside.

2. On the other hand, the respondent's advocate supported the impugned order by referring to previous decisions and argued that the Board Circular should have retrospective effect. The advocate cited cases such as Commissioner of Central Excise, Pune v. Cadbury India Ltd. and Commissioner of C. Ex., Mumbai-IV v. Bombay Dyeing & Mfg. Co. Ltd. to support their stance. The advocate highlighted that the Revenue itself relied on a Board Circular in a similar case for the period before its issuance. Consequently, the advocate contended that the Revenue's appeals had no merit and should be dismissed.

3. The Tribunal analyzed the issue at hand, focusing on the assessable value when goods are cleared for captively used by a sister unit in manufacturing the final product. The key question revolved around the retrospective effect of Board Circular No. 692/08/2003-CX, which clarified that the assessable value should be determined following CAS-4. The Tribunal referenced the decision in the case of Cadbury India Ltd., where it was established that such Board Circulars have retrospective effect and serve as clarifications. Consequently, the Tribunal found no merit in the Revenue's appeal and upheld the impugned orders, ultimately dismissing the Revenue's appeals.

In conclusion, the Tribunal's judgment emphasized the retrospective effect of the Board Circular in determining the assessable value for goods cleared for captively use and upheld the impugned orders, dismissing the Revenue's appeals.