2001 (8) TMI 158 - AT - Central Excise

Summary

Issues:
1. Denial of benefit of Notification 175/86 due to alleged "mutuality of interest" between two firms.
2. Inclusion of cost of batteries in the assessable value of uninterruptible power supply (UPS).

Issue 1:
The appeal involved consideration of denial of the benefit of Notification 175/86 to two firms, A.Z. Electronics and Electronic Entities, based on alleged "mutuality of interest" between them. The Collector, in this case, did not find sufficient justification to deny the exemption on the grounds presented, which included factors such as common partners and references to each other as "sister concerns." The show cause notice did not suggest that one of the firms was fictitious or a mask for the other. The Tribunal held that the absence of such allegations rendered the basis for denying the exemption unsound, ultimately declining to interfere with the Commissioner (Appeals)'s order.

Issue 2:
The second issue revolved around the inclusion of the cost of batteries in the assessable value of the UPS manufactured by A.Z. Electronics. The show cause notice contended that since the batteries were essential for the UPS to function, their cost should be included. However, the respondent clarified that they did not manufacture the batteries but arranged to supply them to the buyers. The Tribunal, citing precedents, emphasized that excise duty is on manufacture, and the value cannot be determined by adding the prices of essential parts. The Tribunal found in favor of the respondent, highlighting that when the batteries do not reach the hands of the UPS manufacturer but are supplied separately, the inclusion of their cost in the value of the UPS is not warranted. Several decisions were cited to support this position, leading to the dismissal of the appeal.