2006 (5) TMI 34 - AT - Central Excise

Central Excise Valuation Sulphonic acid Appellant manufactured sulphonic acid on job work basis and inputs received from M/s. Hindustan Lever Ltd. Assessable value of sulphonic acid is to be cost of inputs plus job work charges

Summary

Issues:
- Reduction in assessable value of sulphonic acid by deducting cost of spent sulphuric acid
- Interpretation of assessment rules for manufacturing process and by-products

Analysis:
- The appeal was filed by the Revenue against the order of Commissioner (Appeals) regarding the reduction in the assessable value of sulphonic acid by deducting the cost of spent sulphuric acid. The respondents were engaged in manufacturing Sulphonic Acid on job work basis for another company, availing modvat credit for inputs. The reduction in net cost of sulphonic acid by reducing the price of spent sulphuric acid was contested by the Revenue.

- The Revenue argued that as per a Supreme Court decision, the value for duty at the hands of job worker should include the total cost of raw material plus processing charges. Any waste or by-product during manufacturing should either go back to the supplying company or be cleared from the job worker's factory. Therefore, reducing the assessable value of sulphonic acid by deducting the cost of spent sulphuric acid was not permissible for assessment purposes.

- The Tribunal agreed with the Revenue's contention that the cost of inputs and processing charges should be considered for assessing the value of sulphonic acid. By-products or waste products should either be returned to the supplying company or cleared with appropriate duty payment. The value of by-products or waste products cannot be used to reduce the value of manufactured goods. Consequently, the order of the Commissioner (Appeals) allowing the deduction of spent acid cost from the manufacturing cost of sulphonic acid was deemed incorrect in law. The appeal of the Revenue was allowed, setting aside the Commissioner (Appeals) order.

- The judgment was dictated and pronounced in open Court on 31.5.2006, emphasizing the legal interpretation of assessment rules in manufacturing processes and the treatment of by-products or waste products in determining the assessable value of goods.