2017 (8) TMI 1388 - AT - Central Excise

Tribunal dismisses appeal, excludes free inputs from assessable value, following precedent.

Commissioner Of Central Excise, Versus M/s. Rane Brake Linings Ltd

The Tribunal upheld the impugned order and dismissed the appeal, concluding that the inclusion of free inputs supplied by M/s. Mando in the assessable ... Valuation - job-work - inclusion of input materials supplied free of cost under the cover of delivery challan in assessable value - Rule 4(5)(a) of CCR, 2004 - Held that:- In Ghatge Patil Inds. Ltd [2005 (7) TMI 648 - CESTAT MUMBAI] the Tribunal has relied upon International Auto Products case to hold that such addition of free supplied parts is not to be included in the assessable value - In SRF Ltd [2007 (3) TMI 613 - CESTAT, CHENNAI] the Tribunal was of the view that the entire exercise would be revenue neutral and therefore the demand cannot sustain - appeal dismissed - decided against Revenue. Issues:1. Inclusion of free inputs in assessable value for duty calculation.Analysis:The case involved the respondents engaged in manufacturing automobile parts, specifically Brake Linings, Clutch facings, Assembly pods, and Disc pads, who cleared goods to M/s. Mando Brake Systems India Ltd on a job work basis. The issue arose when the department alleged that the respondents did not include the cost of free inputs supplied by M/s. Mando in the assessable value for duty calculation for the period 2001-02 to 2004-05. The adjudicating authority initially dropped the demand based on the judgment in the case of M/s. International Auto Ltd. The department then appealed to the Commissioner (Appeals) contending that the facts in the International Auto Ltd case were not applicable. However, the Commissioner (Appeals) dismissed the appeal, leading to the current appeal before the Tribunal.The department argued that since the Principal, M/s. Mando, had not filed a declaration as required by notification 214/86, the judgment in the International Auto Ltd case should not apply. Additionally, it was highlighted that M/s. Mando had availed credit on the duty paid, further complicating the situation. On the other hand, the respondents' counsel emphasized that the goods were cleared to the Principal itself after job work, and not to any other customer. It was contended that even if duty was demanded, the scenario would be revenue neutral as M/s. Mando would be eligible to avail credit on the duty paid. The counsel relied on precedents such as Ghatge Patil Inds. Ltd and SRF Ltd to support their argument.After hearing both sides, the Tribunal considered the core issue of whether the respondents should have included the cost of free inputs supplied by M/s. Mando in the assessable value. The Tribunal referred to the judgments in Ghatge Patil Inds. Ltd and SRF Ltd, where it was established that such additions of free supplied parts should not be included in the assessable value, leading to a revenue-neutral situation. The Tribunal noted that the Supreme Court had upheld this view by dismissing appeals filed by the department in similar cases. Consequently, the Tribunal concluded that the situation in the present case was revenue neutral, and the authorities had rightly dropped the proceedings. Therefore, the impugned order was upheld, and the appeal was dismissed.