2015 (4) TMI 162 - AT - Central Excise

Valuation of goods - sale from depot - Whether the nearest time, in terms of Rule 7 of Central Excise Valuation(Determination of Price of Excisable Goods) Rules, 2000, could be the time subsequent to the time & date of clearance/removal of the goods under assessment from the factory to depots - Held that - the value of the goods under assessment shall be the transaction value of the goods sold from the depot at the time nearest to the time of removal - Following decision of S.C.Enviro Agro India Pvt.Ltd. vs. CCE, Thane-II 2011 (12) TMI 431 - CESTAT MUMBAI - Decided against Revenue.

Summary

Issues:
- Incorrect determination of assessable value under Section 4 of Central Excise Act, 1944 read with Rule 7 of the Central Excise Valuation Rules, 2000.
- Application of Rule 7 of Central Excise Valuation Rules, 2000 in determining the nearest time of sale of goods from depots.

Analysis:
1. The appeal was filed against an Order-in-Original passed by the Commissioner of Central Excise, Kolkata-IV, alleging short payment of duty due to incorrect determination of assessable value. The respondent, engaged in the manufacture of Viscose Rayon Filament Yarn, resorted to provisional assessment during the relevant period. The Commissioner dropped the demand notices and directed finalization of provisional assessment, leading to the Revenue's appeal.

2. The Revenue contended that the Commissioner failed to apply Rule 7 of Central Excise Valuation Rules, 2000 correctly. They argued that the selling price of goods should be considered before the removal of goods from the factory to depots, contrary to the Commissioner's decision, making the order legally flawed.

3. The respondent, represented by advocates, explained that they cleared goods to various depots across the country during the relevant period, paying duty based on provisional assessable value. They adopted depot selling prices nearest to the time of goods' removal from the factory, adjusting duty differentials accordingly. Citing a Tribunal case, they emphasized the acceptance of depot sale prices before or on the removal date.

4. The Tribunal analyzed the issue of determining the nearest time of sale under Rule 7 of Central Excise Valuation Rules, 2000. Referring to a previous case, the Tribunal upheld the assessment based on the transaction value of goods sold closest to the time of removal. The Tribunal agreed with the previous decision, supporting the assessment at the selling price on the date nearest to the removal date, dismissing the Revenue's appeal for lacking merit.