2003 (6) TMI 77 - AT - Central Excise

Summary

Issues: Determination of value of goods for assessment u/r Rule 8 of Central Excise Valuation Rules, 2000 in the case of job work manufacturing.

In the judgment by the Appellate Tribunal CESTAT, Mumbai, the appellant, engaged in job work manufacturing of motor vehicle parts, faced notices demanding duty and penalty based on Rule 8 of the Valuation Rules. The appellant contended that Rule 8 does not apply when goods are manufactured by a job worker for another party. The Tribunal accepted this contention after considering the rule and a circular by the Board.

Rule 8 states that if excisable goods are not sold but used for consumption in production, the value shall be 115% of the cost of production. However, for this rule to apply, two conditions must be met: no sale by the assessee and goods used or consumed in production. In this case, the goods used in production were not those manufactured by the appellant but supplied by another party. The Board's circular emphasized valuing job work goods based on Rule 11 and Supreme Court judgments, which consider raw material cost, manufacturing cost, and profit for assessment.

The Tribunal highlighted that the Board's circular is binding on departmental authorities, preventing them from issuing contrary notices or orders. As Rule 8 does not apply to job work situations, the appeals were allowed, and the impugned orders were set aside.