2013 (12) TMI 1080 - AT - Central Excise

Inclusion of the value of pre-laminated boards in the assessable value - Goods manufactured on job work basis - Waiver of Pre-deposit Held that - Following International Auto Ltd. Vs. Commissioner 2005 (3) TMI 132 - SUPREME COURT OF INDIA - the job-worker was not liable to pay duty on the input supplied by the principal manufacturer after availing CENVAT credit the assessee has established prima facie case in their favour waiver of Pre-deposits granted till the disposal stay granted.

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery in a case involving duty demand, interest, and penalty.
2. Inclusion of the value of pre-laminated boards in the assessable value of job-worked goods.
3. Applicability of the judgment in International Auto Ltd. Vs. Commissioner [2005 (183) E.L.T. 239 (S.C)].

Analysis:

Issue 1:
The appellant sought waiver of pre-deposit and stay of recovery regarding a duty demand of Rs. 59,11,719/-, interest, and a penalty imposed. The Tribunal examined the records and arguments from both sides to make a decision.

Issue 2:
The case involved the manufacturing of goods on a job work basis by the appellant and supplying them to the principal manufacturer. The demand of duty arose due to the appellant not including the value of pre-laminated boards in the assessable value of workstation parts while paying duty. The appellant argued that they were not liable to pay duty on the input supplied by the principal manufacturer, citing the judgment in International Auto Ltd. Vs. Commissioner [2005 (183) E.L.T. 239 (S.C)]. The Tribunal found factual parity with the cited case and granted waiver of pre-deposit and stay of recovery based on the Supreme Court's decision.

Issue 3:
The Tribunal noted that the apex court in the case of International Auto Ltd. held that a job-worker was not liable to pay duty on input supplied by the principal manufacturer after availing CENVAT credit. Drawing a parallel between the instant case and the cited judgment, the Tribunal decided in favor of the appellant without delving into other submissions like limitation or financial hardships. The decision was made based on the applicability of the Supreme Court's decision to the current scenario.

This analysis highlights the key issues of the judgment, focusing on the waiver of pre-deposit, inclusion of input value in assessable goods, and the relevance of the International Auto Ltd. judgment in determining the outcome of the case.