2003 (5) TMI 308 - AT - Central Excise

Tribunal includes all component costs in assessable value, allows appeal for re-examination

The Tribunal ruled in favor of including the cost of all components forming part of the machine in the assessable value for excisable goods, even if some ... Valuation - Demand - Limitation - Extended period - Suppression of facts Issues:Assessable value determination for excisable goods, applicability of extended period of limitation under Section 11A of the Act.Assessable Value Determination:The case involved a manufacturer of jet dyeing machines who contended that the value of certain components not constituting a part of the machine itself, but necessary for installation, should be excluded from the assessable value. The appellant's argument was based on the exclusion of items not forming part of the machine as per established law. However, the Tribunal noted that the appellant's letter clearly stated that the cost of bought-out items supplied in non-assembled, loose condition, on which no manufacturing or assembling activity was carried out, would not be included in the value. The Tribunal held that the cost of all components forming part of the machine should be included in the assessable value, as the value of a machine must encompass the cost of all its components, even if some were not manufactured by the appellant but were essential for the functioning of the machine. The Tribunal ruled in favor of including the cost of all parts in the assessable value.Applicability of Extended Period of Limitation:The appellant argued that the extended period of limitation under Section 11A of the Act could not be invoked as the intention behind the appellant's letter of 1-11-1988 was misunderstood. The Tribunal noted that the appellant's letter did not clearly convey the exclusion of only those items necessary for installation but not forming part of the machine. The Tribunal emphasized that it was the appellant's responsibility to establish this interpretation. While acknowledging the appellant's claim that facts were communicated to departmental officers through returns and documents, the Tribunal concluded that a re-examination of the case was necessary on both merit and limitation grounds. Consequently, the Tribunal allowed the appeal, set aside the impugned order, and directed the Commissioner to reconsider the case based on submissions from both parties within a specified timeframe.In conclusion, the Tribunal's judgment clarified the principles governing the determination of assessable value for excisable goods, emphasizing the inclusion of all component costs in the value calculation. Additionally, the Tribunal highlighted the importance of clear communication in legal documents and the burden of proof on parties to establish their interpretations. The case was remanded for further examination to address both the merits of the assessable value determination and the applicability of the extended period of limitation.