1999 (9) TMI 449 - AT - Central Excise

Summary

Issues:
1. Duty demand confirmation on fittings cleared along with sanitary ware.
2. Inclusion of fittings value in the assessable value.
3. Applicability of judgments regarding bought-out items in assessable value calculation.

Issue 1: Duty Demand Confirmation on Fittings Cleared with Sanitary Ware
The Collector of Central Excise confirmed duty demand of Rs. 8,60,074.92 for fittings cleared with sanitary ware, invoking a larger period in terms of the show cause notice. Another appeal arose from duty demands confirmed for the same issue for a different period.

Issue 2: Inclusion of Fittings Value in Assessable Value
The appellant's consultant argued that the fittings, cleared separately from the godown, do not constitute sanitary ware and thus their value should not be added to the assessable value. Citing various judgments, including Shriram Bearings Ltd. v. CCE and PSI Data Systems v. CCE, it was contended that bought-out duty paid items need not be included in the assessable value.

Issue 3: Applicability of Judgments on Bought-Out Items
The consultant highlighted judgments such as CCE v. Kishore Pumps Pvt. Ltd., Jayashree Insulators Ltd. v. CCE, and Amco Batteries Ltd. v. CCE, where it was held that the value of bought-out items need not be included in the assessable value. The Tribunal found that the fittings were cleared separately on a different invoice from the main factory, aligning with the principles established in the cited judgments. Consequently, the demand confirmation was deemed unsustainable, and the appeals were allowed based on the precedents referenced.

This detailed analysis of the judgment addresses the duty demand confirmation, the inclusion of fittings value in the assessable value, and the applicability of relevant judgments on bought-out items, providing a comprehensive overview of the legal issues involved and the Tribunal's decision.