2005 (1) TMI 184 - AT - Central Excise

Summary

Issues: Valuation of goods transferred between units, Allegation of evasion of duty, Consideration of case laws in final order

In the judgment by Appellate Tribunal CESTAT, BANGALORE, the issue revolved around the valuation of goods transferred from one unit to another within the same company. The Final Order initially held that there was suppression of facts and mis-declarations by the petitioner in adopting incorrect assessable values for five years, leading to an allegation of evasion of duty. However, the applicant cited several decisions where it was established that if credit is available at the recipient's factory, there can be no accusation of duty evasion. The Tribunal considered the applicant's arguments and referred to previous cases like Engineers Combine v. CCE, Jay Yuhshin Ltd. v. CCE, and others, emphasizing that in cases of inter-unit transfers within the same manufacturer, the allegation of duty evasion is not sustainable if credit is available at the receiving unit. The Tribunal noted that these decisions were not considered in the original Final Order, leading to a remand of the case to the Commissioner for a fresh decision. The Tribunal directed the Commissioner to reconsider the case in light of the cited case laws, recalculate the assessable value of goods, and ensure principles of natural justice are followed. The Tribunal allowed the Review of Order on Merits (ROM) by remanding the case for further consideration.