2018 (12) TMI 931 - AT - Central Excise

Valuation - includibility of cost of prototype in assessable value - the value assigned to the scrap arising from the conversion process that was retained by the appellant and the percentage of scrap adopted - Held that - It is not clear whether the prototype is subjected to testing within the factory of the appellant or elsewhere. Similarly, it is not ascertainable if the prototype is assembled in the premises of the appellant or at another location after clearance of the disassembled parts. In the absence of any such evidence, it is impossible to crystallise the leviability of duty, if at all. It was in almost identical circumstance that the Tribunal held in Commissioner of Central Excise, Mumbai II v. Jyoti Structures Ltd 2004 (5) TMI 358 - CESTAT, NEW DELHI that destruction testing erases the prototype out of existence and, thereby, of dutiability. The various elements of the ascertained assessable value suffer from infirmities - To determine any deficit in the value adopted for assessment in comparison with the price declared as per the contract, the exercise requires to be carried out afresh in the light of our observations on these elements - matter remanded back to the original authority to re-determine the acceptability of the declared price for assessment and the duty liability, if any, arising from unaccounted value of these elements - appeal allowed by way of remand.

Summary

Issues:
1. Differential duty demand on steel transmission line parts
2. Valuation of goods manufactured by job worker
3. Duty liability on prototype and scrap value
4. Dispute over duty liability as a job worker
5. Inclusion of scrap value in assessable value

Issue 1: Differential duty demand on steel transmission line parts
The dispute revolves around the demand for differential duty of central excise on the clearances of 'MS steel transmission line parts' and 'HT steel transmission line parts' in 2003-04 and 2004-05. The appellant discharged tax liability based on rates declared by the principal. The central excise authorities recomputed the assessable value by adding various charges, leading to a demand for additional duty. The Tribunal upheld the confirmation of demand, recovery of interest, and imposition of penalties by the Commissioner Customs & Central Excise.

Issue 2: Valuation of goods manufactured by job worker
The appellant contested the upward revision of conversion charges and the computation of duty liability based on circulars and Supreme Court judgments. The central excise authorities directed the inclusion of various charges in the assessable value, resulting in the demand for additional duty. The appellant argued that as a job worker, they were not in control of materials supplied by the principal for duty computation purposes.

Issue 3: Duty liability on prototype and scrap value
The dispute extended to the duty liability on prototype erection and dismantling, with conflicting interpretations regarding the inclusion of prototype testing charges in the assessable value. The Tribunal, citing previous decisions, set aside the demand on the prototype based on the lack of evidence regarding its dutiability. Additionally, the disagreement over the value of scrap arising from the conversion process was highlighted, with the appellant demonstrating negligible scrap generation compared to the assumed percentage.

Issue 4: Dispute over duty liability as a job worker
The appellant argued that duty liability should be discharged based on the price declared by the principal as per the contractual agreement. However, the central excise authorities applied valuation rules and directives to determine the assessable value, leading to the demand for additional duty. The Tribunal emphasized the need for proper computation of duty liability under the Central Excise Valuation Rules.

Issue 5: Inclusion of scrap value in assessable value
The inclusion of scrap value in the assessable value was contested, with the appellant asserting that the assumed percentage of scrap generated was negligible. The Tribunal noted discrepancies in the valuation elements and remanded the matter to the original authority for a fresh determination considering the observations made regarding the inclusion of scrap value and other charges in the assessable value.

In conclusion, the Tribunal's judgment addressed various issues related to duty demand, valuation of goods, duty liability as a job worker, and the inclusion of scrap value in the assessable value, providing detailed analysis and setting aside certain demands based on legal interpretations and evidential considerations.