2023 (6) TMI 494 - AT - Central Excise

Valuation - no sale of the product to any other independent buyer (transfer of goods to its own units) - fixing the value of copper anode - seeking netting the excess payment against the amounts short-paid before the department raises a demand, if any - HELD THAT - It was pointed out to the appellant s counsel that the prayer in the appeal was to set aside the impugned order and what they were stating now was a fresh plea. Further for any appeal to be taken up there must be an existing dispute involving a question of law or fact, on which the existence or extent of a legal right depends. By their acceptance of the impugned order the earlier dispute does not survive. The issue now submitted by the appellant is what may arise post the finalization of the demand, if any, by the department, based on the impugned order and is currently not the subject matter. The issue of valuation being settled, no issue remains to be decided - the impugned order is upheld - Appeal dismissed.

Summary

Issues involved:
The appeal involves the valuation of copper anode manufactured by M/s. Sesa Sterlite Ltd. Tuticorin for the period from November 2002 to March 2003 under the provisions of Central Excise (Valuation) Rules, 2000 and Cost Accounting Standards - 4 (CAS-4).

Issue 1: Valuation of Copper Anode
The appellant, M/s. Sesa Sterlite Ltd., contested the finalization of the provisional assessment for copper anode at Rs.94,594/- per MT by the adjudicating authority in the Order in Original dated 28.5.2012. The appellant appealed to the Commissioner (Appeals) who upheld the original order. The appellant sought to set off excess payments made in earlier periods against any short-payment of duty, accepting the final value. The department argued that the appellant's acceptance of the finalized value rendered the appeal moot, as the dispute no longer existed. The Tribunal noted that the appellant's new plea for netting payments was not formally submitted and was not maintainable. Since the valuation issue was resolved, the Tribunal upheld the impugned order, dismissing the appeal.

Decision:
The Appellate Tribunal CESTAT CHENNAI, consisting of Hon'ble Ms. Sulekha Beevi C. S., Member (Judicial), and Hon'ble Shri M. Ajit Kumar, Member (Technical), upheld the impugned order regarding the valuation of copper anode by M/s. Sesa Sterlite Ltd. Tuticorin, dismissing the appeal on 12.6.2023.