2003 (7) TMI 164 - AT - Central Excise

Summary

Issues: Valuation of goods manufactured by appellants and sent to sister concerns.

The judgment by the Appellate Tribunal CESTAT, Kolkata involved a dispute regarding the valuation of goods manufactured by the appellants and sent to their sister concerns. The appellants, engaged in the manufacture of Vacuum Interrupter Tubes and Vacuum Circuit Breakers, cleared goods to their sister concerns situated at different locations. The Revenue issued a show cause notice demanding duty based on administrative costs, interest, and profit elements reflected in the Balance Sheet of the company for all units, rather than considering only the expenses of the unit manufacturing the product. The appellants argued that the assessable value was correctly calculated based on the actual overhead expenses of the present unit. They also highlighted the revenue-neutral nature of duty payment due to Modvat credit availed by the sister concern. The Tribunal referred to various judgments emphasizing that expenses of the unit manufacturing the product should be considered for valuation, not those of other units or profits made by other units. The Commissioner's order was set aside, and the matter was remanded for re-adjudication following the principles established in the referred judgments. The Tribunal also directed the Commissioner to consider Circular No. 692/8/2003-CX for determining the cost of production of captively consumed goods during the re-adjudication process. The appeal was allowed by way of remand, with the plea of duty being revenue-neutral and the point of limitation left open for further consideration during the de novo proceedings.