2018 (4) TMI 1229 - AT - Central Excise

Valuation - inclusion of free of cost material supplied to appellant - Held that - the ratio laid down in the judgment of the Apex court in International Auto 2005 (3) TMI 132 - SUPREME COURT OF INDIA will apply to the facts of the appeal in hand, where it was held that According to the Modvat scheme, it is the Modvat of such final product which would have to include the cost of the inputs and in respect of which Modvat credit could be taken at the time of clearance of the final product - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Applicability of CENVAT credit on materials supplied free of cost.
2. Liability of differential duty and penalty imposition.
3. Allegation of suppression by the appellant.
4. Interpretation of relevant legal precedents in similar cases.

Analysis:
1. The case involved a dispute regarding the inclusion of the value of materials supplied free of cost (FOC) by Hyundai Motors India Pvt. Ltd. (HMIL) to the appellant for manufacturing seat assemblies in the assessable value for duty calculation. The appellant availed CENVAT credit on these materials without including their value in the duty calculation, leading to a show cause notice for demanding differential duty, interest, and penalty.

2. The appellant contended that they believed in good faith that the FOC materials need not be included in the assessable value as they were part of the motor vehicles cleared by HMIL. The appellant argued that the issue was revenue neutral and cited legal precedents such as the SRF Ltd. case and International Auto case, which supported their position. The Tribunal found merit in the appellant's argument based on the precedents and set aside the impugned order, allowing the appeal.

3. The department, represented by the ld. AR, supported the impugned order and highlighted the distinction between the facts of the present case and the International Auto case, where CENVAT credit was not availed by the appellant therein. However, the appellant's counsel pointed out that the facts of another case involving Jay Yuhshin Ltd., discussed in the Lawkim Ltd. decision, were similar to the present case, where CENVAT credit was availed after receiving goods free of charge.

4. The Tribunal, after considering the arguments from both sides and analyzing the legal precedents, concluded that the ratio laid down in the International Auto case regarding Jay Yuhshin Ltd. applied squarely to the facts of the present appeal. The Tribunal noted that this ratio was followed in previous decisions like Lawkim Ltd. and SRF Ltd., which were affirmed by the Apex Court. Therefore, the impugned order was set aside, and the appeal was allowed based on the application of relevant legal principles and precedents.

This comprehensive analysis of the judgment addresses the key issues raised in the case, including the applicability of CENVAT credit, liability for duty and penalty, allegations of suppression, and the interpretation of legal precedents to arrive at a decision favoring the appellant.