1997 (3) TMI 245 - AT - Central Excise

Summary

Issues:
1. Determination of assessable value for central excise duty based on prices charged by related partnership firms.
2. Whether the products sold by the respondent were fully manufactured and excisable.
3. Consideration of mutuality of interest between the two partnership concerns.
4. Justification of the Collector (Appeals) decision regarding the assessable value of the respondent's products.

Analysis:

1. The respondent, a partnership firm manufacturing glass chimney, filed a price list but was issued a notice by the Superintendent of Central Excise regarding common partners in another firm, M/s. Kalatmak, selling products at higher prices. The Assistant Collector upheld the notice, but the Collector (Appeals) set it aside, emphasizing the lack of established mutuality of interest and absence of evidence of non-commercial influences on transactions. The department challenged this decision.

2. The Collector of Central Excise contended that the manufacturing process was completed by M/s. Kalatmak, making the products marketable only after additional work. If correct, this would exempt the respondent from excise duty. However, the department did not assert this position, implying the respondent's liability for duty.

3. Despite the substantial price difference between the respondent and M/s. Kalatmak, the latter undertook marketing efforts and additional processes on the products before resale. The show cause notice lacked evidence of mutual interest beyond common partners, which the respondent acknowledged. Mere commonality of partners was deemed insufficient to establish mutual interest between the two concerns.

4. The judgment affirmed the Collector (Appeals)' decision, stating that the assessable value should not be based on prices charged by M/s. Kalatmak. The conclusion highlighted the lack of grounds to link the respondent's value to the resale prices, ultimately dismissing the appeal and rejecting the cross objection as supportive.