2014 (12) TMI 1126 - AT - Central Excise

Valuation of goods - Non inclusion of amount charged for development of the tools moulds and dies in the assessable value of the motor vehicle parts manufactured - Held that - For manufacture of motor vehicle parts as per the designs given by the individual customers the appellant had first developed moulds dies and tools and the cost of developing moulds dies and tools had been fully paid by the customers. Thus this amounts to receiving the required moulds dies and tools free of cost from the customers for use in the manufacture of goods for them. In terms of Rule 6 of the Central Excise Valuation Rules where the excisable goods are sold in the circumstances specified in clause (a) of sub-section (1) of Section 4 of the Central Excise Act except that the price is not the sole consideration for sale the value of such goods shall be deemed to be the aggregate of such transaction value and the amount of money value of any additional consideration flowing directly or indirectly from the buyer to the assessee. Value of the moulds dies and tools developed for each customer for manufacture of the motor vehicle parts for him and whose cost has been fully reimbursed by the customers would have to be treated as additional consideration and their amortized value should have been included. But this has not been done. Thus the appellant have not been able to establish prima facie case in their favour and conditions have to be imposed for safeguarding the interests of the Revenue - Partial stay granted.

Summary

Issues:
1. Whether the appellant should pre-deposit the duty demand, interest, and penalty for the appeal hearing.
2. Whether the moulds, dies, and tools used in manufacturing motor vehicle parts are exempt from duty.
3. Whether the value of moulds, dies, and tools provided by customers should be included in the assessable value of the motor vehicle parts.

Analysis:
1. The appellant, engaged in manufacturing components of motor vehicles, received a show cause notice for not including the amount charged for developing tools, moulds, and dies in the assessable value of the manufactured parts. The Additional Commissioner confirmed the duty demand and imposed a penalty. The Commissioner (Appeals) upheld this decision. The appellant appealed against this order, seeking a waiver of pre-deposit for duty, interest, and penalty. The Tribunal found that the appellant failed to establish a prima facie case in their favor. Consequently, the Tribunal directed the appellant to pre-deposit the entire duty demand along with interest, except the amount already paid, within four weeks. Failure to comply would result in the dismissal of the appeal for non-compliance.

2. The appellant argued that the moulds, dies, and tools used in manufacturing were exempt from duty under a specific notification. However, the Departmental Representative contended that the cost of these items had been paid by customers and should be considered as additional consideration under Rule 6 of the Central Excise Valuation Rules. The Tribunal held that as the cost of developing these items had been fully reimbursed by customers, the value of these tools should have been included in the assessable value of the motor vehicle parts. The Tribunal concluded that the appellant's argument for exemption was not valid in this case.

3. The Tribunal analyzed the provisions of Rule 6 of the Central Excise Valuation Rules, which state that the value of goods should include any additional consideration received from the buyer. As the customers fully paid for the moulds, dies, and tools used in manufacturing, the Tribunal deemed this as additional consideration that should have been included in the assessable value of the goods. The Tribunal emphasized that the appellant had received these items free of cost from customers for use in manufacturing, making it necessary to include their value in the final assessment. Consequently, the Tribunal ruled in favor of the Revenue's interest, directing the appellant to pre-deposit the duty demand and interest, failing which the appeal would be dismissed.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's decision on each point raised during the appeal hearing.