2017 (6) TMI 808 - AT - Central Excise

Valuation - includibility - bought out items - whether value of certain items viz. oil quinching tank, washing machine, aluminia sieve shaker, blower for furnace, piping and manifold, jigs and fixtures, auto control systems and certain spares, to be included in assessable value or not? - Held that - these goods are not supplied as accessories or parts which are used items of erection or commissioning of the furnace supplied by the appellant - there is no valid reason to charge excise duty on these components bought out and supplied by the appellant. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Levy of excise duty on bought-out items for continuous gas carburizing furnace.

Analysis:
The appeal challenged the Order-in-Original (OIA) demanding differential duty for certain items not included in the assessable value of a continuous gas carburizing furnace. The Department contended that duty should be charged on the entire value of goods, including bought-out components forming part of the main machine. The appellant argued that the items in question were not subjected to any manufacturing process and were not integral parts of the furnace but were merely bought-out items supplied to the customer upon request. The appellant cited relevant case laws to support their argument.

The Department relied on Section Note 4 to Section XVI of the Central Excise Act, asserting that supplementary items, along with the furnace, collectively serve a defined function, thus warranting duty payment. They referred to a Tribunal decision in a similar case to support their stance. However, upon examination, it was found that the bought-out items were not supplied as accessories or parts for erection or commissioning of the furnace, leading to the conclusion that excise duty should not be charged on these components procured externally.

The Bench considered the case laws presented by both parties and noted that the issue of levying excise duty on bought-out items had been settled by the Supreme Court in a previous case. Citing the Supreme Court's decision, the Bench ruled in favor of the appellant, stating that the impugned order demanding duty on bought-out items was unsustainable. Consequently, the appeal was allowed, and any consequential relief was to be provided as per the law.

In conclusion, the judgment set aside the impugned order and emphasized that excise duty should not be imposed on items procured externally and not integral to the manufactured product, aligning with the legal precedent established by the Supreme Court in a similar context.