2001 (9) TMI 157 - AT - Central Excise

Summary

Issues: Valuation of goods for duty demand, Eligibility for Modvat credit, Time bar for show cause notice

In the judgment by the Appellate Tribunal CEGAT, the appellants, who manufacture EPAX/EPABX machines, challenged an order confirming duty demand on goods capitalized for use in their factory. The appellants disputed the valuation adopted in the impugned order, arguing that the cost of production, including a notional profit of 10%, was too high. They contended that the goods should be taxed at a lower selling price due to heavy losses incurred in manufacturing. Additionally, they claimed Modvat credit for goods used in testing and R&D. The appellants also raised a time bar issue, citing a previous Tribunal decision. The SDR opposed Modvat credit for R&D activities, asserting it is limited to production-related goods. The SDR defended the valuation, stating the cost data provided by the appellants was accepted by the Department.

The Tribunal found no merit in the appellants' objection to the valuation, except for the addition of notional profit. While Rule 6(b) permits valuation based on comparable goods or cost of production, the inclusion of profit should be factual, not based on notions. The Tribunal directed the deletion of the profit addition and revision of the duty demand. Regarding Modvat credit, the Tribunal noted that testing equipment is eligible, but detailed findings were lacking on whether the goods were used for testing. The Tribunal emphasized that if the goods were indeed used for testing, they would qualify for Modvat credit, regardless of R&D use. The Tribunal also considered the time bar issue, suggesting that if the goods were used as capital goods in the same factory, the decision in a previous case would apply.

In light of the observations on notional profit, Modvat credit, and the time bar, the Tribunal set aside the impugned order and remitted the case for fresh adjudication by the competent authority. The Tribunal emphasized the need for a reconsideration of the case to determine the correct factual position, ensuring justice is served.