2012 (5) TMI 547 - AT - Central Excise

Valuation of goods - Total consideration amount included erection and commissioning - Held that - respondent entered into two different contracts one is for supply of DG sets and the other is for installation/erection and commissioning at the customer s site. The respondent was discharging duty on the DG sets at the time of clearance from the factory. As installation/erection and commissioning at customer s site was under the separate contract therefore we find no infirmity in the impugned order and it cannot be considered towards the assessable value of the DG sets - Decided against Revenue.

Summary

Issues:
- Interpretation of Central Excise Act regarding assessable value
- Consideration of erection and commissioning costs in assessable value of goods

Interpretation of Central Excise Act regarding assessable value:
The judgment revolves around the interpretation of the Central Excise Act concerning the assessable value for levy of Central Excise duty. The Commissioner (Appeals) referred to a Board Circular and a CEGAT judgment to support the position that if a machine is cleared from the factory and later taken to the buyer's premises for installation into an immovable property, no further duty is payable. The key point highlighted was that the charges incurred for erection, installation, and commissioning should not be included in the assessable value if they are related to immovable property rather than excisable goods. The judgment emphasized the need to demonstrate that the goods were incomplete when they left the factory and acquired completeness only after erection and commissioning.

Consideration of erection and commissioning costs in assessable value of goods:
The appeal raised by the Revenue contended that since the total consideration amount included costs for erection and commissioning, it should be considered in the assessable value for duty calculation. However, the Tribunal found that the respondent had separate contracts for the supply of DG sets and for installation/erection and commissioning at the customer's site. As the duty was already discharged on the DG sets at the time of clearance from the factory, the costs associated with installation and commissioning under a distinct contract could not be deemed part of the assessable value of the DG sets. Consequently, the Tribunal dismissed the appeal, upholding the impugned order that excluded the erection and commissioning costs from the assessable value of the goods.

This judgment clarifies the distinction between costs related to excisable goods and those related to immovable property in determining the assessable value for Central Excise duty calculation. It underscores the importance of separate contracts for different aspects of a transaction and the relevance of demonstrating the completeness of goods post-erection and commissioning in deciding the applicability of duty.