2015 (1) TMI 328 - AT - Central Excise

Valuation of goods - Manufacture of various castings - No dispute regarding inclusion of moulds costs in final product - before returning the said wooden pattern to the appellant, the appellant get the same repaired from outside and charged these repair charges from their customers - Revenues contends that such repayment to the appellant is additional consideration and the same is required to be added in the assessable value of the casting - Held that - Absolutely no merits in the Revenue s case. Admittedly, as cost of the moulds is being included by the appellant in assessable value of the castings and repairing activity are separate and different activities not associated with the manufacturing and casting. Such undertaking of repair activities by the appellant on behalf of their customers and reimbursement of repair charges by the customers to the appellant cannot, by no stretch of imagination can be held to be additional consideration so as to make the part of the assessable value. We accordingly set aside the impugned order - Decided in favour of assesse.

Summary

Issues:
1. Whether the repair charges reimbursed by customers should be included in the assessable value of the casting.

Analysis:
The case involved a dispute regarding the inclusion of repair charges in the assessable value of castings manufactured by the appellant. The appellants received wooden patterns (moulds) from their customers, and after using them, they got the patterns repaired from outside sources, charging the repair costs to their customers. The Revenue contended that the reimbursement of repair charges constituted additional consideration and should be added to the assessable value of the casting, leading to a demand of Rs. 32,663 along with a penalty of Rs. 15,000.

Upon considering the arguments from both sides, the Tribunal found no merit in the Revenue's case. It was acknowledged that the cost of the moulds was already included in the assessable value of the castings. The repair activities undertaken by the appellant were deemed separate and distinct from the manufacturing process. The Tribunal emphasized that the repair charges reimbursed by customers were not part of the manufacturing process and could not be considered as additional consideration to be included in the assessable value. Therefore, the Tribunal set aside the impugned order, allowing the appeal and granting consequential relief to the appellant.

In conclusion, the Tribunal ruled in favor of the appellant, stating that the repair charges reimbursed by customers should not be added to the assessable value of the casting as they were separate activities unrelated to the manufacturing process. The decision highlighted the distinction between manufacturing costs and repair charges, ultimately providing relief to the appellant from the demand raised by the Revenue.