2016 (12) TMI 1260 - AT - Central Excise

Valuation - transfer of goods to own unit - cost plus method - Rule 8 of Central Excise Valuation Rules, 2000 - Held that - The Central Board of Excise and Customs issued standing instructions that under said Rule 8 when the assessable value of goods manufactured is to be arrived at then proforma CAS4 should be made use of and such CAS certification should be done by a registered Cost Accountant. We find that unless cost accountant certifies the cost of manufacture in the form CAS4, the provision of said Rule 8 cannot be applied - Appeal allowed - decided in favor of the assessee.

Summary

Issues:
- Interpretation of Rule 8 of Central Excise Valuation Rules, 2000
- Application of CAS4 certificate for determining assessable value
- Invocation of extended period for show cause notice

Interpretation of Rule 8 of Central Excise Valuation Rules, 2000:
The case involved the transfer of goods from one unit to another for further manufacture without involving a sale. The Revenue added 15% to the value of goods transferred, citing Rule 8 of Central Excise Valuation Rules, 2000. However, the Tribunal noted that Rule 8 requires the assessable value to be based on the cost of manufacture, which should include a 15% addition. The Central Board of Excise and Customs mandated the use of a CAS4 certificate by a registered Cost Accountant for certifying the cost of manufacture. As the Revenue did not rely on such a certificate in the show cause notice, treating the transfer value as the cost of manufacture was deemed incorrect by the Tribunal. Consequently, the show cause notice was found to be not in compliance with Rule 8, leading to the appeal being allowed and the impugned orders set aside.

Application of CAS4 certificate for determining assessable value:
The appellant argued that the demand under Rule 8 necessitated the use of a CAS4 certificate to determine the assessable value. The Tribunal agreed, emphasizing that without the certification by a Cost Accountant on the cost of manufacture using CAS4, Rule 8 cannot be applied. Since the Revenue did not present such a certificate in the show cause notice, the Tribunal found the notice to be flawed in its approach. This further supported the decision to allow the appeal and overturn the previous orders.

Invocation of extended period for show cause notice:
The appellant contended that the show cause notice was time-barred as all transactions were reported in the ER-1 return during the material period. The Tribunal concurred, stating that since all transactions were duly reported, the extended period could not be invoked. This additional ground reinforced the Tribunal's decision to allow the appeal and set aside the Order-in-Original and Order-in-Appeal.