2003 (9) TMI 193 - AT - Central Excise

Summary

Issues:
1. Determination of the value of molasses based on cost of production and profit margin.
2. Compliance with departmental instructions while clearing molasses.
3. Rejection of the appeal by the Commissioner (A) based on the genuineness of the price.
4. Assessment of duty based on comparable prices for the same grade of molasses.
5. Consideration of the class of buyers and sale transactions for valuation.
6. Application of Central Excise Valuation Rules for assessable value determination.

Analysis:

1. The appeal by Revenue challenged the determination of the value of molasses based on the cost of production and profit margin. The Assistant Commissioner withdrew the show cause notice, emphasizing that the normal price should be determined based on the contract for sale, not the cost of production. The Commissioner (A) upheld this decision, stating that the Department cannot reject the normal price if it is genuine, even if it is lower than the cost of production. The Tribunal found that the contracts for sale were not questioned, and therefore, the original authority's acceptance of different values based on different contracts was deemed appropriate.

2. The appeal also raised concerns about non-compliance with departmental instructions while clearing molasses. However, the Tribunal noted that the contracts for sale were entered into after calling for tenders, as per departmental instructions, and these contracts were not challenged. Therefore, the original authority's decision to accept different values based on different contracts was found to be in line with departmental guidelines.

3. The rejection of the appeal by the Commissioner (A) was based on the genuineness of the price at which molasses were sold. The Tribunal concurred with this decision, emphasizing that if the normal price is genuine, the Department cannot reject it solely because it is lower than the cost of production, especially when the price's authenticity is not in doubt.

4. Regarding the assessment of duty based on comparable prices for the same grade of molasses, the Tribunal found that the grounds raised by Revenue were beyond the charges in the notice. The original authority's decision to accept different values based on different contracts, even if clearances were from the same tank, was deemed appropriate as per departmental instructions.

5. The consideration of the class of buyers and sale transactions for valuation was also discussed. The Tribunal noted that the contracts for sale were not questioned, and the original authority's acceptance of different values based on different contracts was found to be consistent with departmental guidelines.

6. Lastly, the application of Central Excise Valuation Rules for assessable value determination was mentioned. The Tribunal found that the issue was settled by a previous Apex Court decision, emphasizing that the absence of flowback and arms-length sales did not warrant upsetting the Assistant Collector's order. Therefore, the Revenue's appeal was dismissed based on the findings.

Overall, the Tribunal upheld the original authority's decision, emphasizing the importance of determining the normal price based on genuine contracts for sale rather than the cost of production.