1999 (12) TMI 168 - AT - Central Excise

Summary

Issues:
Valuation of Electric Overhead Travelling (EOT) and Hydraulic Overhead Travelling (HOT) cranes - Inclusion of cost of bought out items in assessable value.

Analysis:
In the appeal, the issue revolved around the valuation of EOT and HOT cranes concerning whether the cost of bought out items like Down Shop Lead (DSL), Rails Stopper, and gantry girders should be included in the assessable value of the cranes. The Tribunal considered various legal precedents, including decisions from the Patna High Court, Supreme Court, Bombay High Court, Gujarat High Court, and previous Tribunal decisions. The Tribunal concluded that the cost of such bought out items was integral to the crane's assessable value as they formed part of the crane, even if purchased from outside suppliers.

The appellant filed a Rectification of Mistake (ROM) application, highlighting errors in the Final Order. The appellant argued that lengthy and heavy structures like Gantry Rails, DSL, and Girders were never brought to the factory for testing due to practical constraints. They also emphasized that the duty liability should be based on the condition in which the goods are cleared from the factory and become functional only when mounted on these heavy structures at the buyer's site. The appellant referenced a previous Tribunal decision on a similar issue to support their argument.

The Tribunal, after hearing both parties, reaffirmed its initial decision. It reiterated that the bought out items were integral to the cranes and their cost should be included in the assessable value. The Tribunal clarified that the installation of gantry and DSL at the customer's premises exempted them from duty liability in specific circumstances. In this case, since the cranes were tested with these parts and assembled at the customer's site, the Tribunal found no mistake in its previous order. Consequently, the ROM application was dismissed, upholding the original decision regarding the inclusion of the cost of bought out items in the assessable value of EOT and HOT cranes.

This comprehensive analysis of the judgment showcases the legal intricacies involved in determining the assessable value of goods and the significance of bought out items in such valuation processes.