2000 (2) TMI 648 - AT - Central Excise

Summary

Issues:
Determining assessable value under Section 4 of the Act in a situation involving the sale of cosmetics to a partnership concern by a private limited company.

Analysis:
The dispute in this case revolves around the determination of the assessable value under Section 4 of the Act. The appellants, a private limited company, sell their entire production of cosmetics (Hair dye) to a partnership concern, M/s. Nemaru Coiffure. The Department alleges that the two entities are related, a claim upheld by the impugned order. The central issue is whether the assessable value should be based on the price at which M/s. Nemaru Coiffure sold the goods or the price listed by the appellants.

The Tribunal had previously remanded a similar matter for reconsideration by the Commissioner (Appeals) Bangalore. The Tribunal considered various deductions from the assessable value, including secondary packing, turnover tax, average freight, insurance, octroi, handling charges, and the cost of bought-out items supplied with the bottles. The Tribunal directed the Commissioner to reconsider the issue of the relationship between the parties and the impact on the assessable value, based on the previous order.

The Department reiterated its position, emphasizing the detailed nature of the original order and the impact of the relationship between the appellants and M/s. Nemaru Coiffure on the assessable value. The Department argued that the price at which M/s. Nemaru Coiffure sold the goods should be considered the assessable value.

The Tribunal, after considering the submissions and records of the case, found that the issues in this appeal were identical to those in a previous order. Therefore, the Tribunal set aside the impugned order and remanded the matter to the Commissioner of Central Excise for reevaluation based on the directions given in the previous order. The Commissioner was instructed to hear the appellants, consider the previous directions, and issue a speaking order.

Given the straightforward nature of the matter, the Tribunal decided to consider the appeal itself and granted waiver and stay in the proceedings. The appeal was disposed of by way of remand, with the stay application also being addressed accordingly.