1997 (7) TMI 358 - AT - Central Excise

Summary

Issues:
Assessment of duty based on the value of gramophone records manufactured using master tapes provided by customers, inclusion of master tape cost in assessable value, determination of correct assessable value for levy of duty, interpretation of Central Excises and Salt Act, 1944, application of limitation period for duty demand.

Analysis:
The case involved the respondent, Music India Ltd., manufacturing gramophone records for customers using master tapes provided by them. The dispute arose regarding the assessable value for levy of duty, with the department contending that the cost of master tapes should be included in the value of the records. The Assistant Collector initially accepted the respondent's plea that the prices declared by them were correct for duty assessment. However, the Collector (Appeals) upheld the department's contention, leading to the present appeal (para 1-2).

The main issue was whether the cost of master tapes should be part of the assessable value of the records manufactured. The department argued that expenses for master tapes should be included in the value. The Tribunal noted that the respondent sold records made from their own master tapes at higher prices compared to those made from customers' master tapes. The Tribunal referred to a previous order where the cost of master cassette was not included in the value of recorded cassettes. However, in this case, the Tribunal found no rational basis to quantify the amount to be added to the price declared by the respondent (para 7-8).

Regarding the limitation period for duty demand, the Tribunal held that there was no suppression or willful misstatement by the respondent. The demands pertained to a period before a Supreme Court judgment clarified the includibility of costs in the assessable value. As the duty demand was within six months in some notices, it was not barred by limitation. The appeal was partly allowed, and the duty demand was to be calculated by the Assistant Commissioner for the period within the time limit (para 9).