2007 (11) TMI 178 - AT - Central Excise

Appellants manufactured cotton yarn on job work for related person & paid duty - SCN issued proposing to re-determine the duty liability on the basis of the assessable value in terms of Rule 9, denying abatement of proceeds of waste - on adjudication of the SCN original authority has rightly dropped the proposal to demand differential duty because SCN did not contain a proposal to demand duty on any other ground - in the circumstances, we set aside the impugned order and allow this appeal.

Summary

Issues:
1. Related persons for valuation under Central Excise Act, 1944.
2. Duty liability determination based on assessable value.
3. Treatment of waste in assessable value calculation.
4. Validity of demand without proper proposal in show cause notice.

Analysis:
1. The judgment dealt with the issue of determining the relationship between two entities for the purpose of valuation under the Central Excise Act, 1944. The appellants, M/s. KG. Naidu Mills (KGNM) and M/s. K.G. Denim Ltd. (KGDL), were considered related persons as KGNM manufactured cotton yarn on a job work basis for KGDL. The duty payment was made following the formula set by the Apex Court in a previous case.

2. A Show Cause Notice was issued proposing to re-determine the duty liability based on the assessable value under Rule 9 of the Central Excise Valuation Rules, 2000. The original authority dropped the proposed demand under Rule 9 but confirmed a differential duty demand and interest under Section 11AB of the Act. The Commissioner (Appeals) upheld this decision, emphasizing that the abatement of waste in the assessable value calculation was incorrect.

3. The treatment of waste in the assessable value calculation was a crucial aspect of the case. The appellants' consultant argued that the demand lacked an enabling proposal in the show cause notice, making the impugned order invalid. The impugned demand was not supported by a proper proposal, which led to the decision to set aside the order and allow the appeal.

4. The judgment highlighted the importance of adherence to procedural requirements, such as including enabling proposals in show cause notices for demanding duties. The absence of a proper proposal in the show cause notice rendered the demand invalid, ultimately resulting in the impugned order being set aside. The decision underscored the significance of procedural fairness and compliance with legal requirements in excise duty matters.