2018 (7) TMI 1947 - AT - Central Excise

Valuation - wagons manufactured and cleared from the appellant s factory at Agarpara during the period from 23.02.1987 to 14.04.1987 - inclusion of value of free supplied goods by the Railways - HELD THAT - The appellant paid the duty and took credit in respect of the inputs supplied by the Railways and used in the manufacture of final product. It is the case of the Department that the assessee failed to produce records like store ledger issued voucher production record inspection report etc. regarding use of the inputs in the manufacture of final product. The Certificate issued by the Chartered Accountant the credit of 57, 20, 886.93 is allowed. Accordingly the prayer of the appellant is considered since the entire duty has already been paid/adjusted. Appeal allowed.

Summary

Issues:
- Appeal against Order-in-Appeal No.52/Kol.III/08 dated 10.04.2008 regarding non-payment/short payment of Central Excise duty on wagons manufactured and cleared during a specific period.
- Dispute over the inclusion of the value of free supplied goods by the Railways in the assessable value of goods.
- Lack of production of records like store ledger, issued vouchers, production records, and inspection reports regarding the use of inputs in the manufacture of final products.

Analysis:
1. The appeal was filed against the Order-in-Appeal No.52/Kol.III/08 dated 10.04.2008, concerning the non-payment/short payment of Central Excise duty on wagons manufactured and cleared from the factory during a specific period. The appellant, engaged in wagon manufacturing, had contracts with the Railway Board, Ministry of Railways, where the Railway Board supplied materials free of cost. A show-cause notice was issued for non-payment/short payment of Central Excise duty, leading to a demand of &8377; 1,04,72,271 against 209 wagons cleared during the said period. The Commissioner (Appeals) upheld the demand, prompting the appeal before the Tribunal.

2. The dispute centered around the inclusion of the value of materials supplied free of cost by the Railways in the assessable value of goods. The appellant had paid the duty and claimed credit for inputs supplied by the Railways for manufacturing the final products. The Department alleged a lack of production of essential records, such as store ledgers, issued vouchers, production records, and inspection reports, regarding the utilization of inputs in the final product manufacturing process. However, the appellant submitted a Certificate from a Chartered Accountant confirming the details of raw materials and components supplied by the Railway Board without availing any Modvat Credit against them.

3. The Certificate provided by the Chartered Accountant detailed the excise duty amounts for the raw materials and components supplied for manufacturing specific types of wagons. The total excise duty amounting to &8377; 57,20,886.93 was certified as not availed for Modvat Credit by the appellant. Relying on this Certificate, the Tribunal allowed the credit of the said amount, considering that the entire duty had already been paid or adjusted by the appellant. Consequently, the appeal was allowed in favor of the appellant based on the evidence provided through the Chartered Accountant's Certificate, resolving the dispute over the duty payment and credit adjustment.

This detailed analysis of the judgment highlights the issues involved, the arguments presented, and the final decision rendered by the Tribunal based on the evidence and legal considerations presented during the proceedings.