2002 (6) TMI 136 - AT - Central Excise

Summary

Issues involved: Liability to include cost of inspection in assessable value of goods manufactured by appellant supplied to customers on job work.

In this judgment by the Appellate Tribunal CEGAT, Mumbai, the question for consideration was the liability to include in the assessable value of goods the cost of inspection carried out by a third party on behalf of customers. The Commissioner (Appeals) had refused to accept the appellant's submission that these inspection charges should not be part of the assessable value, based on the argument that this inspection rendered the goods marketable. The Tribunal, after considering the appellant's written submissions and hearing the departmental representative, disagreed with the Commissioner's reasoning. The Tribunal pointed out that a specific condition in the agreement between the parties required the appellant to ensure quality control and inspection of the goods. The Tribunal emphasized that it was the appellant's duty to inspect the goods to comply with the quality standards prescribed by the buyer, and it was not proven by the department that there was no prior inspection. Therefore, the Tribunal allowed the appeal and set aside the impugned order, ruling in favor of the appellant.