2000 (10) TMI 140 - AT - Central Excise

Summary

Issues: Valuation of captively consumed goods for duty calculation.

In this judgment by the Appellate Tribunal CEGAT, Mumbai, the appellant, a manufacturer of purified terephthalic acid (PTA), challenged the demand for duty on the PTA captively consumed in its factory for making polyester filament yarn. The appellant contended that the cost of packing should be excluded for the PTA cleared for captive consumption, which was not packed. The Assistant Collector and the Collector (Appeals) confirmed the duty demand, rejecting the appellant's argument. The advocate for the appellant highlighted a Tribunal decision in a similar case, emphasizing that the cost of goods for captive consumption should not be the same as those cleared for home consumption. He argued that the cost of packing should only be included in the value of goods if they were cleared packed at the manufacturer's cost. The Tribunal analyzed previous decisions and emphasized that the cost of packing should not be part of the assessable value for goods cleared unpacked, in line with the Supreme Court's judgment in Hindustan Polymers v. CCE.

The Tribunal scrutinized a previous decision relied upon by the department, emphasizing that it did not establish the law on the valuation of captively consumed goods. The departmental representative argued that there was no difference in the valuation of packed and unpacked PTA as both were excisable goods. However, the Tribunal disagreed, stating that the value of unpacked and packed goods had to be determined differently, especially regarding packing expenses. The department suggested remanding the matter for quantifying the duty payable, but the Tribunal disagreed, noting that the appellant's submissions on overhead expenses and other deductions were valid. The Collector (Appeals) had also acknowledged that there was no difference between packed and unpacked PTA.

The Tribunal ultimately allowed the appeal, setting aside the impugned order and providing consequential relief. The duty payable was quantified based on the appellant's breakdown of costs incurred towards packing, leading to the acceptance of the payable amount. The judgment clarified the valuation principles for captively consumed goods, emphasizing the exclusion of packing costs for goods cleared unpacked and upholding the appellant's contentions regarding duty calculation for PTA consumed in-house.