2004 (7) TMI 250 - AT - Central Excise

Summary

Issues involved: Challenge to correctness of Order-in-Original, inclusion of charges in assessable value, time-barred demands.

Challenge to Order-in-Original: The appellant, a PSU unit manufacturing Iron and Steel, contested the correctness of Order-in-Original Nos. 25 & 26/2002 dated 30-8-2002. They sold goods at factory gate and various stock yards across the country. Department alleged charges for cutting and bending at stock yards were not included in assessable value, leading to show cause notices and demands. Appellant argued goods from stock yards differed from factory goods, cutting/bending not manufacturing process, and demands were time-barred, but Commissioner disagreed.

Inclusion of charges in assessable value: Appellant cited precedents like Castrol India Ltd. and Savita Chemicals Ltd., arguing cutting/bending charges at stock yards should not be added to assessable value. Tribunal noted cutting/bending not a manufacturing process, goods from stock yards differed from factory goods, following the cited judgments, set aside the impugned orders, and allowed the appeal.

Time-barred demands: Appellant contended demands were time-barred, but Commissioner ruled otherwise, leading to the dispute. The Tribunal, after considering the arguments and precedents, decided in favor of the appellant based on the nature of the goods and the applicability of the cited judgments, ultimately setting aside the orders and allowing the appeal.