2014 (12) TMI 408 - AT - Central Excise

Tribunal Upholds Deduction of Trader's Profit in Fabric Duty Calculation

Commr. of Central Excise, Kolkata-IV Versus M/s. Aditya Birla Nuvo Ltd.

The Tribunal ruled in favor of the appellant, dismissing the Revenue's appeal. It held that the assessable value of processed fabrics for duty calculation ... Determination of value of the processed fabrics - applicant had taken the cost of grey fabrics per square meter at the time of its clearance but not the cost of grey fabrics that were received - Held that:- It is clear from the said observation that for the purpose of determination of duty, it is the intrinsic value of the grey cloth and the value of job work and manufacturing profit, expenses etc. would be relevant. It is also made clear that the assessee would be entitled to abatement on the profit element,if any, of the raw material supplier/Trader if included in the assessable value. On perusal of the declaration filed by the Traders/Raw material suppliers, we find that while calculating the assessable value, profit earned by the traders had also been included. We do not agree with the contention of the Revenue that since profit which had been included in processing charges, therefore, cannot be deducted. during the relevant period i.e. from June, 1991 to February, 1994, the rate of duty levied was specific-cum- ad valorem rate of duty. By virtue of relevant Notification, the duty required to be paid was the specific rate @ 0.50 paisa per square meter plus 5% ad valorem. We find that the dispute relates to determination of value on account of shrinkage in the supplied grey fabrics and nothing to do with the specific rate of duty charged per square meter on the processed fabrics at the time of its clearance from the factory. Therefore, the quantity of grey fabrics received and later on processing shrunk, has no bearing with the specific rate of duty applied at the time of clearance of processed fabrics - Decided against Revenue. Issues:1. Determination of value of processed fabrics for duty calculation.2. Interpretation of remand order for re-determination of assessable value.3. Consideration of trader's profit in assessable value.4. Applicability of specific duty rate on processed fabrics.Analysis:1. The appeal involved a dispute regarding the determination of the value of processed fabrics for duty calculation. The Revenue contended that the assessable value should include the intrinsic value of grey cloth, processing charges, and manufacturing profit. The Revenue argued that the processing charges collected by the appellant already included the value of job work and manufacturing profit. However, the Tribunal disagreed, stating that the assessable value should consider the intrinsic value of grey cloth and any abatement on the profit element of the raw material supplier included in the assessable value. The Tribunal found that the profit element of the traders had been included in the assessable value, and the Revenue's contention was dismissed.2. The Tribunal interpreted the remand order for re-determination of the assessable value. It was noted that the relevant factors for duty calculation included the intrinsic value of grey cloth, job work value, and manufacturing profit. The Tribunal emphasized that any profit element of the raw material supplier included in the assessable value should be considered for abatement. The Tribunal found that the assessable value had been correctly determined after deducting the trader's profit, as directed by the Tribunal's previous order.3. The issue of considering the trader's profit in the assessable value was crucial in the case. The Adjudicating authority had deducted the profit element of the raw material supplier/trader from the assessable value, in line with the Tribunal's direction. The Tribunal upheld this decision, stating that the profit element should be deducted based on the direction provided. The Tribunal emphasized that the determination of the assessable value was independent of the specific duty rate applicable during the relevant period.4. Regarding the applicability of the specific duty rate on processed fabrics, the Tribunal clarified that the dispute centered on the determination of value due to shrinkage in the supplied grey fabrics. The specific duty rate levied during the relevant period was specific-cum-ad valorem, and the duty to be paid was calculated based on this rate. The Tribunal concluded that the quantity of grey fabrics received and the subsequent shrinkage did not impact the specific duty rate charged at the time of clearance of processed fabrics. Therefore, the Tribunal dismissed the Revenue's appeal, finding no merit in their arguments.This detailed analysis highlights the key issues addressed in the judgment, including the determination of assessable value, interpretation of remand orders, consideration of trader's profit, and the applicability of specific duty rates on processed fabrics.