1999 (1) TMI 337 - AT - Central Excise

Summary

Issues:
1. Inclusion of the sale price of waste material in the assessable value for duty determination.
2. Quantum of duty calculation based on the sale price of waste material.

Analysis:

Issue 1:
The case involved a dispute regarding the inclusion of the sale price of waste material in the assessable value for duty calculation. The appellants, who manufactured points and crossings on a job work basis for the Railways, received 5% extra raw material, including waste, after job work. The Revenue contended that the sale price of the waste material should be added to the assessable value for duty calculation. The appellants argued that the sale price of the waste material should not be included as it would result in double inclusion since the cost of the raw material already accounted for the extra weight. The Tribunal, considering previous judgments, held that the sale price of the waste material retained and sold by the appellants should be included in the assessable value, as it impacted the job charges for fabrication.

Issue 2:
Regarding the quantum of duty calculation, the appellants raised concerns about the lower authorities including the sale price of all waste material sold, not just the waste arising from the manufacture of points and crossings. The appellants argued that only the waste material related to the specific product should be considered for duty calculation. The Tribunal agreed that the lower authorities had not verified if the appellants were manufacturing other products leading to scrap generation. Therefore, the matter was remanded to determine the quantum of duty, considering only the waste material arising from the manufacture of points and crossings. The Tribunal emphasized that the scrap generated in the course of manufacturing other products should not be included in the duty calculation for points and crossings.

In conclusion, the Tribunal ruled against the appellants on the first issue, stating that the sale price of the waste material should be included in the assessable value. However, on the second issue of quantum of duty calculation, the matter was remanded to the lower authorities for further assessment, ensuring that only the waste material related to the manufacture of points and crossings was considered.