2000 (3) TMI 319 - AT - Central Excise

Summary

Issues Involved:
1. Inclusion of the cost of galvanisation in the assessable value.
2. Inclusion of the cost of sockets in the assessable value.
3. Inclusion of service charges in the assessable value.
4. Inclusion of the cost of rubber/plastic rings in the assessable value.
5. Inclusion of inspection charges in the assessable value.
6. Imposition of penalty.

Detailed Analysis:

1. Inclusion of the Cost of Galvanisation:
The Tribunal confirmed that the cost of galvanisation must be included in the assessable value of galvanised mild steel pipes. This decision aligns with the Supreme Court's ruling in the appellants' own case (Siddhartha Tubes Ltd. v. CCE, Indore, 1996 (82) E.L.T. 399 (T)), which held that the process of galvanisation enriches the quality and value of the pipes, even though it does not amount to manufacture. Thus, the cost of galvanisation is rightly included in the assessable value.

2. Inclusion of the Cost of Sockets:
The Tribunal determined that sockets are essential components of the pipes, not merely accessories. The pipes cannot function without the sockets, which are necessary for joining pipes to achieve the required length. Therefore, the cost of sockets must be included in the assessable value. This decision is supported by the Tribunal's Larger Bench decision in the case of CCE, Bombay v. M/s Fykays Engg. Ltd. and other relevant case laws.

3. Inclusion of Service Charges:
The Tribunal held that service charges paid to Madhya Pradesh Laghu Udhyog Nigam Ltd. (LUNL) were correctly includible in the assessable value. The LUNL acted as an agent, not a buyer, and the service charges were in the nature of a commission. This aligns with the Tribunal's decision in Godavari Indus. v. CCE, Aurangabad, and the Supreme Court's decision in Hyderabad Indus. Ltd. v. UOI, which held that such commissions are not deductible from the assessable value.

4. Inclusion of the Cost of Rubber/Plastic Rings:
The Tribunal found that rubber and plastic rings, used to protect the threading of pipes during transportation, handling, and storage, were in the nature of packing. Since these rings were only for safe transportation, their cost was not includible in the assessable value of the pipes and tubes.

5. Inclusion of Inspection Charges:
The Tribunal ruled that inspection charges incurred at the request and on behalf of customers were not includible in the assessable value. This decision is supported by the Tribunal's ruling in Shree Pipes Ltd. v. CCE, which was confirmed by the Supreme Court. The additional testing/inspection charges borne by customers do not form part of the assessable value.

6. Imposition of Penalty:
Considering the facts and circumstances, the Tribunal reduced the penalty from Rs 10 lakh to Rs 7.5 lakh. Additionally, the Tribunal waived the payment of interest under Section 11-AA of the Central Excise Act, 1944.

Conclusion:
The Tribunal concluded that the cost of galvanisation, sockets, and service charges were includible in the assessable value of the pipes and tubes, while the cost of rubber/plastic rings and inspection charges were not. The demand of duty was to be recalculated accordingly, and the penalty was reduced to Rs 7.5 lakh. The appeal was disposed of in these terms.