2016 (9) TMI 936 - AT - Central Excise

Job-work - valuation - activity of building body at their factory on the duty paid motor vehicles chassis supplied to them - appellants were acting as job worker to MIL - Held that - the value of the goods supplied by the appellants is to be determined under Rule 10A of the Central Excise Valuation Rules, 2000 and not under Rule 6. The identical issue involved in these appeals has already been analysed at length in the various judgments of Tribunal upholding the stand of the department, and in fact the Tribunal view has also been sustained by the Hon ble High Court of Bombay in in Hyva India Vs Union of India 2015 (5) TMI 25 - BOMBAY HIGH COURT . This being the case, notwithstanding the Learned Advocate s valiant, but vain, efforts to convince us that the judgments are per incuriam and his other arguments that valuation rules has to be read with charging section, his reference to Committee set up by CBEC and report thereof on provisions for job work valuation etc., judicial discipline and judicial propriety requires us to follow and apply the ratio of the judgments cited supra especially when it is not the case of appellant that the same has not been stayed or overturned by higher courts. - Decided against the appellant

Summary

Issues Involved:
1. Whether the activity of building body on duty-paid chassis amounts to manufacture.
2. Applicability of Rule 10A of the Central Excise Valuation Rules, 2000.
3. Valuation of goods under Section 4(1)(b) read with Rule 6 of the Valuation Rules.
4. Eligibility for cum duty benefit.
5. Imposition of penalty under Rule 25 of the Central Excise Rules, 2002.
6. Interest liability under Section 11 AB of the Central Excise Act, 1944.

Issue-wise Detailed Analysis:

1. Manufacture of Body on Duty-Paid Chassis:
The appellants engaged in building bodies on duty-paid motor vehicle chassis supplied by MIL and MNAL, asserting that this activity amounted to manufacture as per Note 5 to Chapter 87 of the Central Excise Tariff Act, 1985. The consolidated sales consideration for the built bodies included raw material costs, body building costs, and profit margin.

2. Applicability of Rule 10A:
The central issue was whether the appellants acted as job workers for MIL and MNAL, necessitating duty payment under Rule 10A of the Central Excise Valuation Rules, 2000. The adjudicating authority confirmed the demands and imposed penalties, determining that the appellants' activities fell under Rule 10A, as they used chassis supplied free of cost by the principal manufacturers.

3. Valuation of Goods:
The appellants argued that the valuation should be based on the transaction value as per Section 4(3)(d) of the Excise Act, and not the highest selling price for a particular model on a monthly basis. They contended that the valuation adopted by the Commissioner was contrary to Rule 10A(ii) of the Valuation Rules and should be re-determined accordingly.

4. Cum Duty Benefit:
The appellants sought the benefit of cum duty, which would reduce the assessable value by the amount of duty included in the sales consideration. However, the Tribunal upheld the valuation method under Rule 10A, rejecting the appellants' claim for cum duty benefit.

5. Imposition of Penalty:
The appellants contested the imposition of penalties under Rule 25 of the Central Excise Rules, 2002, arguing that the necessary ingredients for penalty imposition were absent. They also claimed that interest under Section 11 AB was not payable. The Tribunal, however, found no merit in these arguments, supporting the penalties and interest as determined by the adjudicating authority.

6. Judicial Precedents and Tribunal's Decision:
The Tribunal referenced several past judgments, including Audi Automobiles vs. CCE and Hyva India Pvt Ltd. vs. CCE, where similar issues were decided against the appellants. The Tribunal emphasized judicial discipline and propriety, adhering to established precedents and dismissing the appeals. The Tribunal noted that the decisions relied upon by the appellants did not apply to the current case, as they pertained to different contexts or predated Rule 10A.

Conclusion:
The Tribunal dismissed the appeals, affirming the adjudicating authority's orders. The Tribunal upheld the applicability of Rule 10A, the valuation method adopted, and the imposition of penalties and interest. The decision was pronounced in open court on 08/08/2016.