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2004 (4) TMI 146 - AT - Central Excise
Issues: Valuation of excisable goods for own use and use in work sites under Section 4(1)(b) of the Central Excise Act, 1944.
In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue involved the valuation of excisable goods cleared for own use and for use in work sites under Section 4(1)(b) of the Central Excise Act, 1944. The assessee, engaged in the manufacture of Fire Protection Systems & Components, cleared goods to independent buyers and for Turnkey Projects. The Revenue demanded duty based on the value of similar goods cleared to individual buyers. The Assistant Commissioner confirmed the demand, but it was set aside by the CCE (Appeals) considering the buyers as of a different class and applying Valuation Rules of Costing. The Tribunal found that the entities were transferred by the assessee from one identity to another without any sale of the excisable goods. Valuation was to be determined under Section 4(1)(b) read with Central Excise (Valuation) Rules, 1975 applied seriatim. Rule 4 stipulates that the 'value' shall be based on the value of like goods sold with adjustments. The respondents contested that identical goods were not sold, but failed to produce evidence to substantiate their claim. The lower authority fixed the value under Rule 4, and no reasons were presented to set aside that fixation. The Tribunal upheld the valuation arrived at as per Rule 4 along with consequential duty demands. Regarding the application of 'Costing' Rule under Rule 6(b) as determined by the CCE (Appeals), it was not upheld as the value could be determined under Rule 4 in this case. Rule 6 comes into play only if the value of the goods under assessment cannot be determined under Rule 4 or Rule 5. The Respondent's argument that the goods were not identical but only similar was dismissed by the Tribunal. Rule 4 uses the term 'such' goods, not 'similar or identical goods,' and no challenge to the adjustments not granted on facts was raised. In conclusion, the Revenue's appeal was allowed, and the cross objection was dismissed by the Tribunal.
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