1997 (5) TMI 168 - AT - Central Excise

Summary

Issues Involved:
1. Inclusion of cost of bought-out items in the assessable value.
2. Erection and commission charges.
3. Deductions under Section 4(4)(d)(ii) of the Central Excise Act.
4. Proforma credit.

Analysis:

Issue 1: Inclusion of cost of bought-out items in the assessable value
The appellants argued that certain items purchased, like Bearings, Gearwheels, etc., were essential parts of the machinery and should be included in the assessable value. They contended that the question of essentiality was not considered by the authorities. The Tribunal noted that the essentiality of items supplied along with machinery needs examination. It stated that optional items cannot be included in the assessable value. The matter was remanded for reconsideration to determine if the items were essential parts.

Issue 2: Erection and commission charges
The Tribunal held that erection and commissioning charges cannot be included in the assessable value of machinery. Citing precedents, including the case of LML Ltd. v. CCE, Kanpur, it was established that such charges are not part of the assessable value. The appellants succeeded on this issue.

Issue 3: Deductions under Section 4(4)(d)(ii) of the Central Excise Act
The appellants claimed deductions under Section 4(4)(d)(ii), which had not been considered by the adjudicating authority. The Tribunal clarified that duty paid or payable by the assessee is deductible as per the section. The adjudicating authority was directed to reexamine the issue and make deductions accordingly.

Issue 4: Proforma credit
Although the appellants did not claim proforma credit before the adjudicating authority, they sought its benefit under Rule 56A. The Tribunal allowed for the matter to be reviewed by the adjudicating authority, emphasizing that proforma credit could be granted if permissible, subject to verification. The appeal was allowed by way of remand, addressing all issues raised by the appellants.

In conclusion, the Tribunal addressed each issue raised by the appellants, remanding some for further consideration and ruling in favor of the appellants on certain points. The judgment provided clarity on the inclusion of bought-out items, erection and commission charges, deductions under Section 4(4)(d)(ii), and the potential eligibility for proforma credit, ensuring a comprehensive resolution of the case.