2009 (3) TMI 1010 - AT - Central Excise

Tribunal sets aside adjudication orders on Copper Anode valuation, orders fresh decision.

Sterlite Industries Ltd. Versus CCE Madurai and vice-versa

The Tribunal sets aside the impugned adjudication orders in the appeals related to the valuation of Copper Anode and Moulds, remitting the case to the ... - Issues involved: Valuation of Copper Anode and Moulds manufactured by the assessee's Tuticorin unit and cleared to their Silvasa unit during specific periods.Summary:1) The judgment addresses four appeals arising from two separate Orders-in-Original, each involving one appeal by the assessee and one by the Revenue, all concerning a common issue. The dispute revolves around the valuation of Copper Anode and Moulds manufactured by the assessee's Tuticorin unit and cleared to their Silvasa unit during specific periods.2) The period in question spans from September '96 to April '97, covered by OIO No.9/2000 and Appeal No. E/386/2001 by the assessee and E/1164/01 by the Revenue, as well as from May '97 to June 2000, covered by OIO No.1/2001 leading to Appeal Nos. E/2251/01 by the assessee and E/301/02 by the Revenue.3) After considering arguments from both sides, the Tribunal notes a subsequent order in a different period for the same assessee, where the case was remitted to the original authority to apply accounting principles laid down in CAS-4. Following this precedent, the Tribunal sets aside the impugned adjudication orders in the present appeals and remits the case to the adjudicating authority for a fresh decision in accordance with law, including CAS-4 and principles of natural justice. The issue is to be decided expeditiously due to the significant amounts involved.4) The cross objections filed by the assessee in response to the Revenue's appeals are dismissed. The judgment is dictated and pronounced in open court.