2018 (2) TMI 917 - AT - Central Excise

Valuation - includibility - scrap retained - The department took the view that during the period 2004-05 the appellants had retained scrap value of ₹ 24,30,687/- which value was required to be added to the assessable value - Held that - Rule 6 of the Valuation Rules introduced on 01.07.2000 has amplified the earlier Rule 6 and as also added an Explanation thereto, however, even in the new Rules, there is no provision for non-inclusion of value of scrap where job worker has retained the scrap or sold it of - It is also not the case that the entire value of landed cost plus rate charges plus job work charges have been fully included in the value on which duty has been paid by the appellant. There definitely is a depression in the value adopted by the appellant proportionate to the value of the scrap - decided against appellant. Time limitation - Held that - there is no bonafide on the part of appellant, therefore, the appellant s plea on limitation which also fail. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Inclusion of scrap value in the assessable value for duty calculation.
2. Interpretation of Rule 6 of the Valuation Rules.
3. Application of judgments in similar cases for establishing bonafide belief.
4. Plea of limitation based on decisions in group companies.

Issue 1: Inclusion of scrap value in the assessable value for duty calculation:
The case involved a dispute where the appellants received materials for conversion into products and retained scrap value. The department contended that the scrap value needed to be added to the assessable value for duty calculation. The Tribunal referred to the Supreme Court's ruling in General Engineering Works case, emphasizing that if the conversion charges are affected by the sale of scrap, the scrap value must be included. The contract between the parties indicated that the price was influenced by the availability of scrap, supporting the inclusion of scrap value in the assessable value. The Tribunal rejected the appellant's argument that the judgment was based on old Valuation Rules, stating that the new rules also did not exempt scrap value inclusion. The Tribunal upheld the department's position on including scrap value in the assessable value.

Issue 2: Interpretation of Rule 6 of the Valuation Rules:
The appellant argued that Rule 6 of the Valuation Rules did not mandate the inclusion of scrap value where job workers retained or sold the scrap. However, the Tribunal disagreed, stating that even under the new Rules, there was no provision for excluding scrap value. The Tribunal noted a depression in the value adopted by the appellant proportional to the scrap value, leading to the application of the Supreme Court's ruling in General Engineering Works case. The Tribunal found no merit in the appellant's interpretation of Rule 6 and upheld the department's position.

Issue 3: Application of judgments in similar cases for establishing bonafide belief:
The appellant cited a Tribunal decision in a case involving a group company where the appeal was allowed on similar facts, arguing for a bonafide belief in not including scrap value. However, the Tribunal rejected this argument, stating that the decision related to a different company in another city with a distinct registration number. The Tribunal held that the appellant's plea based on similar cases within the group did not support a bonafide belief and upheld the department's decision.

Issue 4: Plea of limitation based on decisions in group companies:
Regarding the plea of limitation, the appellant relied on a decision involving a group company to assert a bonafide belief. The Tribunal clarified that the decision in question did not pertain to the appellants directly but to a separate entity within the group. Therefore, the Tribunal dismissed the appellant's plea of limitation based on decisions in group companies, affirming the department's stance.

In conclusion, the Tribunal dismissed the appeal, upholding the department's position on including scrap value in the assessable value for duty calculation. The judgment emphasized the application of legal principles, interpretations of relevant rules, and the distinction between cases involving different entities within a corporate group for establishing bonafide belief and addressing pleas of limitation.