2004 (8) TMI 293 - AT - Central Excise

Summary

Issues:
1. Inclusion of charges in the assessable value related to labour contract.
2. Interpretation of relevant work order and scope work relating to systems engineering.
3. Applicability of previous judgments on similar cases.
4. Imposition of penalty based on the order-in-original.

Issue 1: Inclusion of charges in the assessable value related to labour contract:
The Commissioner (Appeals) found that the charges in question were related to installation, training, etc., at the site and not to the manufacture of goods. These charges were described as 'System Engineering charges' and were considered as post-removal expenses. The Tribunal noted that the order-in-original was not sustainable on merits, and the imposition of penalty was unjustified. Consequently, the Tribunal set aside the order-in-original and allowed the appeal with consequential relief.

Issue 2: Interpretation of relevant work order and scope work relating to systems engineering:
The Senior Departmental Representative (SDR) argued that drawing and designing charges should be added to the assessable value based on a Supreme Court judgment. However, the representative for the assessee contended that the charges were not related to drawing and engineering for setting up the industry but were part of a labour contract for site layout plans. The Tribunal examined the Commissioner's order, which clarified that the charges were related to installation and training and did not pertain to the manufacture of goods. The Tribunal found that the order of the Commissioner (Appeals) was based on factual appreciation and that there was no merit in the appeal.

Issue 3: Applicability of previous judgments on similar cases:
The SDR relied on judgments regarding the addition of design and engineering charges to the assessable value. However, the Tribunal distinguished these judgments based on the specific facts of the case, where the charges were found to be related to labour elements and post-removal expenses rather than design and engineering charges. The Tribunal emphasized that the Commissioner's decision was in line with the facts of the case and the judgments cited were not applicable.

Issue 4: Imposition of penalty based on the order-in-original:
The Tribunal found that the order-in-original was not sustainable on merits and that the imposition of penalty was not justified. Therefore, the Tribunal set aside the order-in-original and allowed the appeal fully with consequential relief. The Tribunal rejected the appeal, as it was based on the argument that design and engineering charges should have been added to the assessable value, which was deemed inapplicable based on the specific circumstances of the case.