2003 (7) TMI 246 - AT - Central Excise

Summary

Issues:
- Failure to include Design Development charges in the assessable value of fabrics produced/processed on job work basis.

Analysis:
The main issue in this case revolves around whether the adjudicating authority and the Commissioner (Appeals) were correct in upholding the allegation that the appellant, a dyeing and printing mills company, failed to include Design Development charges in the assessable value of fabrics produced or processed on a job work basis. The appellant argued that designs were developed in the form of swatches for approval by a particular exporter for ready-made garments. They claimed that only a small number of designs were actually used for printing and swatching, contrary to the demand for the entire amount received as charges for developing the designs. The appellant contended that duty should only be payable on the value of design charges when they were actually used in printing fabrics. They provided evidence such as debit notes, invoices, and ledger accounts to support their case, which the authorities had not properly examined.

Upon direction from the appellate tribunal, the original authority examined the claim put forward by the appellant. The appellant produced photocopies of debit notes, invoices, and party-wise ledger accounts. The Revenue reported that the appellant had produced a significant number of debit/credit notes and ledger entries, although some debit notes were missing. However, the appellant provided a list of missing debit/credit notes that could be verified with the ledger entries. Based on the evidence presented, it was concluded that wherever the developed designs ended up in processing or printing orders, the charges for the designs were indeed included in the assessable value of the fabrics processed on a job work basis. Consequently, the differential duty demanded in the show cause notice was deemed unsustainable in law.

In light of the above analysis and the lack of any other contentions raised, the appellate tribunal set aside the impugned order and allowed the appeals in favor of the appellant.