1998 (5) TMI 215 - AT - Central Excise

Summary

Issues:
1. Determination of assessable value for excise duty on Oscillating Table fans.
2. Consideration of buyer as a related person for pricing purposes.
3. Comparison of pricing with other manufacturers.
4. Challenge to the Order-in-Original by the respondent.
5. Appeal against the decision by the Revenue.

Analysis:

1. The case involved the determination of the assessable value for excise duty on Oscillating Table fans. The respondent had filed a price list declaring the value per unit, which was later modified by the Assistant Collector. The respondent challenged this modification, leading to the current appeal.

2. A key issue was whether the buyer should be considered a related person for pricing purposes. The respondent argued that the buyer supplied components and raw materials at prices unilaterally fixed by them, which was not supported by evidence. The Collector (Appeals) also found that the buyer being the sole purchaser did not establish a related person relationship under the Central Excise Act.

3. The comparison of pricing with other manufacturers, specifically with M/s. Surya Electric Construction Co., was crucial. The appellant contended that since the price approved for M/s. Surya Electric Construction Co. was set aside in appeal, the same price should not be adopted for the respondent. Additionally, the unique circumstance of the respondent selling the entire production to the buyer was highlighted.

4. The respondent challenged the Order-in-Original, presenting arguments against the pricing decision made by the Assistant Collector. The Collector (Appeals) set aside the original order, emphasizing the lack of a related person relationship and the unique selling arrangement between the respondent and the buyer.

5. The Revenue appealed against the decision of the Collector (Appeals), seeking to uphold the modified assessable value determined by the Assistant Collector. However, the Tribunal found no grounds to interfere with the Collector (Appeals) decision and dismissed the appeal, affirming the original price list filed by the respondent.

In conclusion, the judgment focused on the determination of assessable value, the consideration of related persons for pricing, comparison with other manufacturers, the challenge to the original order, and the subsequent appeal by the Revenue. The Tribunal upheld the decision of the Collector (Appeals) based on the lack of evidence supporting a related person relationship and the unique selling arrangement between the respondent and the buyer.