2017 (1) TMI 547 - AT - Central Excise

Valuation - job-work - whether royalty expense to be included in the assessable value? - Held that - money value of free supply of goods by principal is not required to be included in assessable value in the hands of job-worker - the demand against the job-worker fails along with the imposition of penalty; the imposition of penalty on M/s Savita Chemicals Ltd also fails - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Alleged short-payment of duty due to non-inclusion of royalty expense in assessable value by job-worker, imposition of penalty under Central Excise Rules, 2002.

Analysis:

1. Alleged Short-Payment of Duty:
The dispute in this case revolves around the alleged short-payment of duty by the job-worker, M/s Tarapur Grease Industries Pvt Ltd, for not including royalty expenses in the assessable value. The job-worker contended that they are only liable for duty on processing charges, while the original authority held that the money value of the free supply of goods by the principal should be included in the assessable value. Consequently, duty was confirmed along with interest, and penalties were imposed on both the principal and the job-worker. However, the appellate authority considered the principles laid down by the apex court and various tribunal decisions, concluding that the royalty charges paid by the principal manufacturers need not be included in the assessable value of the goods cleared by the job-worker. This decision was based on the fact that the job-worker did not pay any consideration for the brand name to the principal manufacturer, and the brand-name value was only relevant to the brand-name owner. Therefore, the demand against the job-worker was deemed to fail, and the penalty imposition was set aside.

2. Imposition of Penalty under Central Excise Rules, 2002:
Both M/s Tarapur Grease Industries Pvt Ltd and M/s Savita Chemicals Ltd were subject to penalties under rule 25 and rule 26 of the Central Excise Rules, 2002, respectively. However, based on the decision regarding the inclusion of royalty charges in the assessable value, the penalties imposed on both entities were set aside. The appellate tribunal found that since the job-worker was not liable to include the royalty charges in the assessable value, the penalties imposed under the Central Excise Rules were not justified. Consequently, the imposition of penalties on both M/s Tarapur Grease Industries Pvt Ltd and M/s Savita Chemicals Ltd was deemed to fail, and the appeals were allowed.

In conclusion, the appellate tribunal's judgment in this case clarified the issue of including royalty charges in the assessable value for duty payment by the job-worker. The decision was based on legal principles established by the apex court and previous tribunal rulings, ultimately leading to the setting aside of the penalties imposed on the entities involved.