2017 (4) TMI 498 - AT - Central Excise

Valuation - includibility - bought out items and other manufacturing activity carried out at the site - The department s contention is that all the bought out items and other activity carried out at the site should be added in the assessable value of the manufactured goods - execution of the composite project for manufacture and supply of LPG Bullets and erection and installation of the same at the site - Held that - all these elements such as bought out items are undisputedly supplied from the supplier to the site. It is not taking part in the manufacture of LPG Bullets but are used only for erection and installation of LPG Bullets at site. The said activity of erection and installation, is not amount to manufacture - if at all any activity by any imagination is amount to manufacture, by virtue of immovability of LPG Bullets, the activities at site cannot be charged to excise duty - demand set aside - appeal allowed - decided in favor of assessee.

Summary

Issues:
Valuation of LPG Bullets for excise duty - Inclusion of bought out items and other activities in assessable value.

Analysis:
The case involved the valuation of LPG Bullets for excise duty purposes, specifically focusing on whether the value of bought out items and other activities carried out at the site should be included in the assessable value of the manufactured goods. The appellants had valued the LPG Bullets at ?42 lakhs each, which was contested by the department, claiming that additional amounts were to be added due to the bought out items and activities at the site. The department argued that since the finished goods were movable at the site and not fixed to the earth, they should be charged excise duty based on the transaction value.

The appellant's counsel argued that the value of the LPG Bullets was correctly determined at ?42 lakhs each, as evidenced by invoices and certified by a Chartered Accountant. It was contended that the bought out items were supplied directly to the site and did not involve manufacturing activity related to the LPG Bullets. Additionally, all activities at the site were aimed at making the LPG Bullets immovable goods, and therefore, should not be considered part of the manufacturing activity for excise duty valuation.

After considering both sides' submissions, the tribunal held that the Revenue did not dispute the ?42 lakhs value for each LPG bullet. It was established that the bought out items and activities at the site were not directly involved in the manufacturing of LPG Bullets but were related to erection and installation. The tribunal concluded that these activities did not amount to manufacturing and that once the LPG Bullets were erected and installed, they became immovable goods. Therefore, based on the undisputed facts, the tribunal ruled that no further addition to the value of ?42 lakhs was warranted.

Consequently, the tribunal set aside the impugned order, stating that the demand for additional excise duty did not sustain, and allowed the appeal in favor of the appellants.