2018 (8) TMI 1272 - AT - Central Excise

Valuation of Transformers in Excise Duty Case: Tribunal Upholds Decision

CCE & ST, Tirupati Versus Shirdi Sai Electricals

CCE & ST, Tirupati Versus Shirdi Sai Electricals - TMI Issues:1. Valuation of transformers for Central Excise Duty based on contract terms.2. Application of Rule 8 of Central Excise Valuation Rules for captive consumption.3. Allegation of incorrect valuation leading to differential duty demand.Issue 1: Valuation of transformers for Central Excise Duty based on contract termsThe appellant was contracted by a company for the conversion of low tension network into high voltage distribution systems on a turnkey basis, involving the manufacture and installation of transformers. The appellant adopted the valuation of transformers under Section 4(1)(b) of the Central Excise Act based on a Chartered Accountant's Certificate. The Revenue issued a show cause notice seeking to recover differential duty, alleging incorrect valuation of transformers. The Commissioner, in the Order-in-Original, dropped the demands. The Revenue contended that there was a sale transaction, and the value should be as per the contract, not as 'meant for captive consumption' under Rule 8. The Departmental Representative argued that the transaction value should be considered, even in turnkey contracts, and Rule 8 does not apply.Issue 2: Application of Rule 8 of Central Excise Valuation Rules for captive consumptionThe Commissioner found that the contract did not have a sale invoice under Section 4(1)(a) but involved a transfer of goods for a valuable consideration. The Revenue argued that once the conditions of Section 4(1)(a) are met, the value should be as per the contract, not under Rule 8. They criticized the reliance on past cases and contended that Rule 8 does not apply to this case. The Respondent's Counsel argued that the contract was on a turnkey basis, with separate invoicing for materials and services. The audit report acknowledged the manufacture of transformers and their use in turnkey projects, supporting the Respondent's stance that the entire amount invoiced did not represent the cost of transformers sold.Issue 3: Allegation of incorrect valuation leading to differential duty demandThe Respondent's Counsel presented evidence from the audit report to demonstrate that the invoiced amount included various items, not just the transformers, as clarified by the Central Excise Department. The Commissioner correctly held that it was an indivisible turnkey contract, and the entire amount invoiced did not solely pertain to the cost of transformers. The Respondent had treated the transformers as captively consumed, which was upheld by the Commissioner. The Tribunal found no error in the Commissioner's decision, rejecting the appeal.This detailed analysis of the legal judgment highlights the key issues of valuation for Central Excise Duty, the application of Rule 8 for captive consumption, and the resolution of the differential duty demand based on the contract terms and audit findings.