2017 (1) TMI 874 - AT - Central Excise

Valuation - sale of goods partly at factory gate and partly through consignment agents by stock transferring the goods on payment of duty - whether valuation to be done by adopting Rule 7 of Central Excise (Valuation) Rules, 2000? - Held that - the ratio laid down by the Tribunal in the case of Bharat Petroleum Corporation Ltd. Versus Commissioner of Central Pxcise, 2009 (9) TMI 845 - CESTAT CHENNAI is squarely applicable in the instant case as facts and circumstances are identical. Accordingly, when the goods are not sold at the factory gate but removed exclusively to a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold, the rule 7 is applicable. It is evident that the goods were partly sold at factory gate and duty was paid. Remaining goods were transferred to the Depot. Therefore, Rule 7 of Central Excise (Valuation) Rules, 2000, is not applicable in the instant case - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Appeal against Order-in-Appeal No. 197-CE/MRT-II/2007 dated 27/08/2007.
2. Applicability of Rule 7 of Central Excise (Valuation) Rules, 2000.
3. Selling goods partly at factory gate and partly through consignment agents.
4. Interpretation of relevant legal provisions.

Analysis:

The appellant, a company engaged in manufacturing Steel Tubes & Pipes, filed an appeal against Order-in-Appeal No. 197-CE/MRT-II/2007 dated 27/08/2007 issued by the Commissioner of Central Excise & Customs (Appeals), Meerut-ll. The case involved the appellant selling their products partly at the factory gate and partly through consignment agents by stock transferring the goods on payment of duty. The Commissioner (Appeals) remanded the matter back to the original Authority to reassess the goods following Rule 7 of Central Excise (Valuation) Rules, 2000. The appellant challenged this decision, arguing that Rule 7 was not applicable in their case as it pertains to circumstances where all goods are transferred to a depot, not when goods are partly sold at the factory gate. The appellant relied on the precedent set in the case of Bharat Petroleum Corporation Ltd Versus Commissioner of Central Excise, Chennai, 2010 (261) E.L.T. 695 (Tri - Chennai) to support their argument.

Upon hearing both parties, the Tribunal considered the applicability of Rule 7 in the present case. The Tribunal noted that the precedent established in the case of Bharat Petroleum Corporation Ltd. Versus Commissioner of Central Excise, 2010 (261) E.L.T. 695 (Tri. - Chennai) was directly relevant to the current situation as the facts and circumstances were similar. The Tribunal clarified that Rule 7 applies when goods are not sold at the factory gate but are exclusively removed to a depot, consignment agent's premises, or any other place from where the goods are to be sold. In this instance, where the goods were partly sold at the factory gate and duty was paid, and the remaining goods were transferred to the Depot, Rule 7 of Central Excise (Valuation) Rules, 2000, was deemed inapplicable. Consequently, the Tribunal set aside the impugned order, allowing the appeal with any consequential relief as per the law.

This judgment provides a clear interpretation of the relevant legal provisions regarding the valuation of goods under Central Excise rules, specifically addressing the scenario where goods are sold partly at the factory gate and partly through consignment agents. The decision underscores the importance of applying the correct legal provisions based on the specific circumstances of each case, as highlighted by the Tribunal's reliance on established precedents to reach a well-reasoned conclusion in favor of the appellant.