2002 (9) TMI 133 - AT - Central Excise

Summary

Issues Involved:
1. Assessable value determination of processed fabrics.
2. Misdeclaration of weight per metre of grey fabric.

Summary:

Issue 1: Assessable Value Determination of Processed Fabrics

The appeals arose from orders by the Commissioner of Central Excise (Appeals), Jaipur, which allowed the assessee's appeals based on the Tribunal's decision in Sangam Processors (Bhilwara) Ltd. v. CCE, Jaipur. The Tribunal had held that the trader's declared selling price of processed fabric must be accepted by the job worker for duty payment purposes, and the Excise authorities cannot go beyond that declared value. The Revenue challenged this, citing the Supreme Court's decision in Ujagar Prints Etc. v. Union of India & Others, which necessitated a re-evaluation by a Larger Bench.

The respondent, M/s. Bhilwara Processors Ltd., processed fabrics on a job work basis, determining the assessable value using the cost construction method. The Revenue argued that the actual cost of yarn should be included in the cost of grey fabric for duty purposes, and any provisional assessments should be revised accordingly. The Commissioner (Appeals) had relied on Sangam Processors, stating that the Excise authorities cannot question the declared value and that the processors were unaware of the provisional assessment of yarn.

The Tribunal clarified that the Supreme Court's decision in Ujagar Prints mandates that the assessable value includes the value of grey cloth, job work, manufacturing profit, and expenses. The Tribunal found no support for the view that the Revenue cannot verify the declared value of grey cloth. The Tribunal set aside the impugned order and remanded the matter for fresh consideration, emphasizing correct valuation compliance.

Issue 2: Misdeclaration of Weight Per Metre of Grey Fabric

The appellants were found to have misdeclared the weight of grey fabrics per metre in their price declarations, leading to short-payment of Central Excise duty. The Joint Commissioner confirmed the demands, noting discrepancies in the actual weight of grey fabric compared to declared weights. The Commissioner (Appeals) had set aside this order, referencing the Sangam Processors decision.

The Tribunal noted that the issue in Sangam Processors related to the binding nature of the trader's declared selling price, not the weight per metre of grey fabric. The Tribunal held that any variation in weight per metre affects the assessable value of grey fabric and, consequently, the processed fabric's deemed price. The Tribunal set aside the impugned order and remanded the matter for reconsideration on merits.

Conclusion:

The appeals were allowed by remand, directing the Commissioner (Appeals) to re-evaluate the cases in light of the Tribunal's observations and the Supreme Court's guidelines in Ujagar Prints.