2010 (1) TMI 380 - AT - Central Excise

Valuation- The department seeks to include depreciation amount towards the cost of machinery which has been supplied free of cost by the customers to the respondents, for manufacture of the impugned goods (biscuits) which has been disallowed by the lower appellate authority leading to the appeal by the Department. Held that- In the light of the Larger Bench decision cited above, only the amortized cost of the machinery applied free is required to be included while calculating the value of the impugned goods (biscuits). Accordingly, for including the same, while setting aside the impugned order, we remand the matter to the original authority for fresh decision.

Summary

Issues:
Inclusion of depreciation amount towards cost of machinery supplied free of cost by customers for manufacturing goods.

Analysis:
The judgment deals with the issue of including the depreciation amount towards the cost of machinery supplied free of cost by customers for manufacturing goods. The department sought to include this amount, which was disallowed by the lower appellate authority, leading to the appeal. The Tribunal noted that the issue was settled by a Larger Bench in a previous case. The Tribunal found that the lower appellate authority's order was not in line with the decision of the Larger Bench. The details of the machinery supplied free of cost were not disclosed to the department by the appellants, leading the Tribunal to invoke a longer period of limitation in this case.

The respondents contested the inclusion of the entire amount of depreciation. The Tribunal clarified that based on the Larger Bench decision, only the amortized cost of the machinery supplied free of cost should be included when calculating the value of the goods manufactured. Consequently, the Tribunal set aside the impugned order and remanded the matter to the original authority for a fresh decision. The original authority was instructed to provide adequate opportunity to the respondents before passing fresh orders. Additionally, the cross-objection filed by the respondents was also disposed of in the judgment.

In conclusion, the Tribunal's judgment clarified the inclusion of the amortized cost of machinery supplied free of cost by customers for manufacturing goods. The decision was based on a previous Larger Bench ruling and emphasized the importance of disclosing such details to the department. The Tribunal's order set aside the previous decision and remanded the matter for a fresh decision, ensuring the respondents are given a fair opportunity in the process.