2001 (4) TMI 272 - AT - Central Excise

Summary

Issues:
1. Determination of the manufacturer of a product for excise duty assessment.
2. Assessable value determination based on technical know-how, goodwill, and other expenses.
3. Inclusion of costs related to raw material storage, personnel salaries, and testing expenses in the assessable value.

Issue 1: Determination of Manufacturer
The judgment involves a dispute regarding the manufacturer of a product, Bournvita, for excise duty assessment. Warana manufactured the product using raw materials and recipes provided by Cadbury. The department proposed treating Cadbury as the manufacturer based on the selling price of the product. However, the Collector (Appeals) held that Warana was the manufacturer, considering various elements. The department's appeal contended that Cadbury exercised supervisory control over production at Warana, but the Tribunal dismissed this argument, emphasizing the lack of evidence supporting such claims. Additionally, the appeal argued that the value of Bournvita should not be lower than that manufactured by Cadbury, citing legal precedents. Ultimately, the department's appeal was dismissed.

Issue 2: Assessable Value Determination
The Collector included various elements in the assessable value, which Warana challenged. Firstly, the cost of technical know-how and goodwill provided by Cadbury to Warana was considered. The judgment clarified that technical know-how costs related to the manufacturing process should be part of the assessable value, while goodwill costs, such as brand name value, should not be attributed to the job worker. Secondly, expenses incurred in maintaining a godown by Cadbury for storing raw materials supplied to Warana were deemed includible in the value, as these costs were directly related to the production process. Thirdly, salaries and expenses of Cadbury's supervisors and managers posted at Warana were included in the cost of manufacture, as their presence was necessary for supervising raw material handling. However, expenses related to testing samples of the finished product were not considered part of the assessable value. Warana was given an opportunity to segregate these costs for further assessment.

Issue 3: Inclusion of Various Expenses
The judgment addressed the inclusion of costs related to technical know-how, goodwill, raw material storage, personnel salaries, and testing expenses in the assessable value for excise duty assessment. It clarified the principles governing the assessable value determination based on the nature of expenses incurred in the manufacturing process. The Collector's decision to include certain expenses was upheld, while providing guidance on segregating costs for a more accurate assessment in the future.

In conclusion, the judgment resolved the disputes regarding the manufacturer determination and assessable value calculation for excise duty assessment, emphasizing the importance of considering specific elements and costs in the valuation process.