Rule 57CC valuation dispute on captive consumption versus cleared goods referred for Larger Bench reconsideration.

The dispute concerned Rule 57CC of the Central Excise Rules, 1944, specifically whether the assessee had to pay 8% of the value of pumps cleared without duty or 8% of the value of castings captively consumed in making those pumps. The Tribunal did not decide the substantive liability on merits and found that the issue required reconsideration by a Larger Bench. It directed the Registry to place the records before the President for constitution of a Larger Bench.

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Issues: Whether, for the purpose of Rule 57CC of the Central Excise Rules, 1944, the assessee was required to pay 8% of the value of the pumps cleared without payment of duty or 8% of the value of the castings captively consumed in the manufacture of such pumps.

Outcome: The Tribunal found that the issue required reconsideration by a Larger Bench and directed the Registry to place the records before the President for constitution of a Larger Bench.

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