2017 (8) TMI 696 - AT - Central Excise

Valuation - valves supplied by the oil companies - Revenue entertained a view that the value of valves is to be added in the value of domestic gas cylinders in which case the assessable value of cylinder would go high - whether the appellant is entitled to benefit of credit of duty paid on the valves or not? - Held that - the issue no more res integra and stands settled by various decisions of the Supreme Court followed by the Tribunal and as such the benefit has to be extended, subject to verification of the records - the credit of duty paid on valves used in the cylinders is required to be extended to the appellant and the duty on final product would get reduced by that amount - the matter remanded to the adjudicating authority for verification of documents, for the purpose of extending the credit to the appellant - the adjudicating authority would also examine and would re-quantify appellant s duty liability by extending the benefit of cum-duty. Penalty - Held that - The assessee is under bonafide belief that the value of valves supplied by the oil companies free of cost, is not required to be taken into consideration. There is no malafide on the part of the assessee pointed out by the Revenue. The dispute relates to bonafide interpretation of the provisions of law - penalty not imposable. Appeal allowed in part and part matter allowed by way of remand.

Issues:
1. Inclusion of value of valves supplied by oil companies in the assessable value of gas cylinders.
2. Entitlement to credit of duty paid on valves.
3. Calculation of duty by treating the entire consideration as cum duty.
4. Imposition of penalty based on longer period of limitation.

Issue 1: Inclusion of value of valves in assessable value
The appellant was engaged in manufacturing LPG gas cylinders for oil companies who provided LPG valves free of cost. The Revenue contended that the value of these valves should be added to the assessable value of the cylinders, leading to a higher duty demand. Proceedings were initiated, culminating in an order confirming the demand, upheld by the Commissioner (Appeals). The appellant challenged this order.

Issue 2: Entitlement to credit of duty paid on valves
The appellant argued that they should be allowed to credit duty paid on the valves supplied by oil companies when calculating the assessable value of the cylinders. They claimed to have acted in good faith, believing the valve value should not be included. The appellant presented invoices showing duty payment on valves, stating that if credit is extended, their duty liability would significantly decrease. The Tribunal found that credit of duty paid on valves should be extended to the appellant, reducing the duty on the final product.

Issue 3: Calculation of duty as cum duty
The Tribunal noted that duty calculation should consider the entire consideration as cum duty, citing precedents to support this view. The matter was remanded to the adjudicating authority to re-quantify the duty liability by treating the entire consideration as cum duty, subject to verification of records.

Issue 4: Imposition of penalty
Regarding the penalty imposed based on a longer period of limitation, the Tribunal found that the appellant acted in good faith and there was no malafide intent. As the dispute related to a genuine interpretation of the law, the penalty was set aside. However, the interest payable was confirmed. The appeal was disposed of accordingly.

This judgment addressed the issues of including the value of valves in the assessable value of gas cylinders, entitlement to credit of duty paid on valves, calculation of duty as cum duty, and the imposition of penalty. The Tribunal ruled in favor of the appellant, allowing credit for duty paid on valves, adjusting the duty liability, and setting aside the penalty due to the appellant's good faith belief.

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