2008 (5) TMI 214 - AT - Central Excise

Captive consumption of damaged BOPP film in reprocessed granules held that Rule 8 of C.E. Valuation Rules would be applicable only when the excisable goods are not sold but are cleared for captive consumption - not be applicable where finished products are cleared partly for home consumption and partly for captive consumption - in such a situation the A.V. of the goods cleared for captive consumption shall be at par with the assessable value of the goods cleared for home consumption

Summary

Issues: Valuation of damaged BOPP film for captive consumption under Central Excise Valuation Rules.

In this judgment by the Appellate Tribunal CESTAT NEW DELHI, the main issue revolved around the valuation of damaged BOPP film for captive consumption under the Central Excise Valuation Rules. The respondent, having a factory manufacturing BOPP Films, faced a dispute regarding the duty liability on the captively consumed BOPP film used for production of reprocessed granules. The Revenue contended that the duty liability should be based on Rule 8 of the Central Excise Valuation Rules, i.e., 110% of the cost of production, leading to a show cause notice seeking recovery of Central Excise Duty. However, the respondent argued that the duty had been correctly discharged based on the value at which the damaged BOPP film was cleared for home consumption, citing a previous order by the Commissioner of Central Excise, Jallandhar, which was not challenged by the Revenue.

The Tribunal noted that a similar show cause notice had been issued to the respondent for a previous period, seeking recovery of duty on damaged BOPP film for captive consumption based on Rule 8 of the Valuation Rules. However, this notice was vacated by the jurisdictional Commissioner, and the Revenue did not challenge this decision. The Tribunal emphasized that since the Commissioner's order was accepted and not challenged, there was no justification for raising a duty demand on the same basis for the subsequent period. Additionally, the Tribunal referred to previous decisions in cases such as Avon Tubes Ltd. v CCE, Ludhiana and Steel Complex Ltd. v CCE, Calicut, where it was held that Rule 8 of the Valuation Rules applies only when goods are cleared for captive consumption without being sold. In situations where finished products are cleared partly for home consumption and partly for captive consumption, the assessable value for captive consumption should be at par with the value for home consumption.

Based on the above analysis, the Tribunal concluded that there was no infirmity in the impugned order. Therefore, the Revenue's appeal, along with the stay application, was dismissed. The judgment provides a comprehensive understanding of the valuation principles under the Central Excise Valuation Rules concerning damaged BOPP film for captive consumption, emphasizing the importance of consistency in decisions and the applicability of valuation rules based on the nature of clearance of goods.