2019 (11) TMI 237 - AT - Central Excise

Valuation - semi-finished PVC compound and PVC sheet supplied to their own manufacturing units for cables and wires at Urse - enhancement of value - HELD THAT - The arbitrary loading of 15% on the assessable value computed by the appellant is not in accordance with law. It is an admitted fact that the CAS-4 statements, submitted during the course of adjudication, were not tested for its validity and in the light of the referred circular should have been the basis for assessment to duty. Having failed to do so, it is necessary that this deficit must be rectified. Matter remanded back to the original authority to consider the several claims of the appellant - appeal allowed by way of remand.

Issues:
1. Challenge against duty recovery and penalty imposition under Central Excise Act, 1944.
2. Application of rule 8 of Central Excise (Determination Price of Excisable Goods) Rules, 2000.
3. Discrepancies in cost of production and assessable value calculation.
4. Impact of fluctuating copper prices on cost of production.
5. Legislative intention regarding time interval for cost of production calculation.
6. Adjustment of excess payments against deficits in different months.
7. Claim for revenue neutrality.
8. Validity of CAS-4 statements for assessment.
9. Compliance with circular on clearance for captive consumption.
10. Remand of the matter for reconsideration by the original authority.

Analysis:
1. The appeals involved challenges against the recovery of duty and imposition of penalties under sections 11A and 11AC of the Central Excise Act, 1944, related to the supply of semi-finished 'PVC compound' and 'PVC sheet' to their manufacturing units for 'cables' and 'wires'. The duty amounts and penalties were contested by the appellant.

2. The appellant had utilized rule 8 of the Central Excise (Determination Price of Excisable Goods) Rules, 2000, by adding 10% to the cost of production to determine the assessable value. However, discrepancies arose when the cost of production was found not to align with CAS-4 statements, leading to a 15% increase in the assessable value. The appellant argued against this arbitrary enhancement and its basis in law.

3. The appellant highlighted the impact of extreme fluctuations in copper prices on the cost of production, stating that the financial year as a block did not accurately reflect the actual costs. They contended that adjustments should be made for excess payments in certain months to offset deficits in others, emphasizing the need for revenue neutrality.

4. Legal arguments were supported by references to tribunal decisions such as Essar Steel India Ltd v. Commissioner of Central Excise, Raipur and Godrej Consumer Products Ltd v. Commissioner Central Excise & Service Tax, Indore, to advocate for adjustments between excess payments and shortfalls within the same year for revenue neutrality.

5. The tribunal observed that the loading of 15% on the assessable value was not in line with the law and that the CAS-4 statements, crucial for determining costs, were not adequately assessed. Consequently, the matter was remanded to the original authority for reconsideration, taking into account the appellant's claims and the legal principles cited in various decisions.

6. The decision emphasized the importance of complying with circulars, such as the one on clearance for captive consumption, and ensuring that assessments are based on valid and tested data. The remand was aimed at rectifying the deficiencies in the initial assessment and addressing the appellant's claims effectively.

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