2015 (4) TMI 244 - HC - Central Excise

High Court remands case, upholds Commissioner decision on excise duty valuation, emphasizes amortized costs inclusion.

The Commissioner of Central Excise Versus M/s. Sundaram Dynacast Ltd., The Custom, Excise and Service Tax Appellate Tribunal

The Commissioner of Central Excise Versus M/s. Sundaram Dynacast Ltd., The Custom, Excise and Service Tax Appellate Tribunal - 2015 (321) E.L.T. 99 (Mad.) Issues:1. Acceptance of incorrect statement by the counsel2. Valuation of goods for excise duty purposesIssue 1: Acceptance of incorrect statement by the counselThe case involved a dispute regarding the acceptance of an incorrect statement by the counsel representing the respondent/assessee. The Tribunal had based its decision on the statement made by the counsel that the actual amortised cost had been included in the value of the components during the relevant period. The High Court found that the Tribunal's decision was not supported by any material evidence and was based on conjectures and surmises. The High Court held that the Tribunal's order was not in line with the available material on record and ordered a remand back to the Tribunal for fresh consideration of the issue.Issue 2: Valuation of goods for excise duty purposesThe dispute arose from the valuation of excisable goods for the purpose of demanding duty. The initial show cause notice alleged that the assessee had not declared the correct assessable value of goods manufactured and supplied. The Adjudicating Authority held that the entire cost of moulds had to be taken into account for demanding duty as the assessee could not establish the pro-rata amortization cost per piece in a legally sustainable manner. However, the Commissioner (Appeals) set aside the order, emphasizing that duty could not be demanded on the moulds without considering the amortization of their cost. The Tribunal upheld the Commissioner (Appeals) decision, noting that the amortised cost of the mould had been correctly included in the value of the components for the relevant period. The High Court, while remanding the case back to the Tribunal on another issue, did not disturb the findings related to the valuation of goods for excise duty purposes.In conclusion, the High Court's judgment addressed the issues of accepting incorrect statements by counsel and the valuation of goods for excise duty purposes. The Tribunal's decision was remanded back for fresh consideration regarding the acceptance of counsel's statement, while the findings related to the valuation of goods remained undisturbed.