2016 (11) TMI 48 - AT - Central Excise

Valuation - bought out items - Non-inclusion of value of control panel used for Hot/ Wet Mix Plant - Held that - The said bought out items cannot be added to the value of their other components of plant without establishing that such a plant has been manufactured and marketed by the main respondent - Decided in favor of the assessee.

Summary

Issues:
- Discharge of excise duty on control panel by the main respondent
- Inclusion of control panel value in Hot/Wet Mix Plant for excise duty
- Applicability of Central Excise Duty on control panel
- Appeal against Order-in-Appeal dated 10.04.2008

Analysis:

The judgment revolves around the dispute regarding the excise duty on a control panel supplied by the main respondent along with Hot Mix Plant & Parts and other road construction machinery. The Revenue contended that the control panel was an integral part of the Hot/Wet mix plant, and thus, the main respondent should have included its value while discharging Central Excise Duty. The original authority confirmed a demand for duty and imposed penalties on the main respondent and other parties under Central Excise Rules, 2002.

Upon appeal, the Commissioner (Appeals) set aside the original order and allowed all the appeals. The Revenue, aggrieved by this decision, filed further appeals. The argument put forth was that the value of the control panel should be included in the Hot/Wet Mix plant supplied by the main respondent, as it is essential for the plant's functioning.

After hearing both sides and examining the records, the Tribunal noted that the main respondent was involved in manufacturing and clearing various components of the Wet/Hot mix plant. It was observed that the control panel, being a bought-out item, was not manufactured by the respondent at the site of erection/commissioning. The Tribunal emphasized that the duty liability was correctly discharged by the main respondent while clearing components from their factory. The Commissioner (Appeals) held that the Revenue failed to establish that the main respondent had manufactured a marketable Hot/Wet Mix plant at the site, and therefore, duty cannot be demanded solely based on the control panel being an integral part.

In conclusion, the Tribunal found no reason to interfere with the impugned order and dismissed the appeals of the Revenue. The judgment clarified that the control panel, being a bought-out item and not manufactured by the main respondent, cannot be subjected to Central Excise Duty without evidence of the manufacturing and marketing of the entire plant by the respondent.