1999 (8) TMI 514 - AT - Central Excise

Summary

Issues:
1. Classification of assessable value for fabrics processed by a job worker.
2. Validity of Show Cause Notices (SCNs) issued for failure to add manufacturing expenses and profits.

Issue 1: Classification of assessable value for fabrics processed by a job worker:
The appellants, as processors of fabric on a job work basis, filed classification lists and price lists, including a declaration showing the construction of the assessable value with a separate inclusion of profits at 10%. Show Cause Notices (SCNs) were issued alleging failure to add 10% in the assessable value as manufacturing expenses. The Assistant Commissioner, based on the Supreme Court judgment in the case of Ujagar Prints, accepted the assessable value declared by the appellants, stating that the 10% notional profit already included in the value of grey fabrics and processing charges covered manufacturing expenses and profits. Consequently, the proceedings under the SCNs were dropped.

Issue 2: Validity of Show Cause Notices (SCNs) issued for failure to add manufacturing expenses and profits:
The jurisdictional Commissioner filed an application before the Commissioner (Appeals) challenging the Assistant Commissioner's order, arguing that as per the Supreme Court's decision in Ujagar Prints, the assessable value should include manufacturing expenses and profits in addition to grey fabric cost and job charges. The Commissioner (Appeals) set aside the Assistant Commissioner's order, emphasizing that manufacturing expenses like inventory cost, transportation, insurance charges, etc., should be included, irrespective of whether the job worker or fabric supplier incurred them. The SCNs were criticized for lacking specificity in alleging omissions in the cost construction statement. The Appeals Tribunal found that the SCNs did not adequately inform the appellants of the charges, reasoning, and background material, rendering them invalid. The Tribunal also noted that the application before the Commissioner (Appeals) could not substitute a proper Show Cause Notice.

In conclusion, the Appeals Tribunal allowed the appeals, finding in favor of the appellants after considering all relevant factors and documents. The Tribunal emphasized the importance of clarity and specificity in Show Cause Notices and highlighted the necessity of including all relevant manufacturing expenses and profits in the assessable value for fabrics processed by a job worker.