2006 (8) TMI 2 - SC - Central Excise

Supreme Court affirms exclusion of additional expenses in captively consumed goods valuation

COMMISSIONER OF CENTRAL EXCISE, PUNE Versus CADBURY INDIA LTD.

The Supreme Court upheld the Tribunal's decision to exclude additional expenses beyond direct production costs in the valuation of captively consumed ... Central Excise – Assessable value – Captive consumption – Expenses related to final products not included in valuation of intermediate products only elements direct gone into production of such intermediate products are included in cost of production Issues: Valuation of captively consumed goods under Rule 6(b)(ii) of Central Excise (Valuation) Rules.In the judgment, the Supreme Court addressed the issue of the valuation of milk crumbs, refined milk chocolate, and other products captively consumed by a company in the manufacture of chocolate. The company sought valuation under Rule 6(b)(ii) of the Central Excise (Valuation) Rules, based on the 'cost of production or manufacture including profits, if any, which the assessee would have normally earned on the sale of such goods.' The department, however, argued that additional expenses such as labor cost, factory overheads, administration expenses, and others should be included in the valuation. The Commissioner (Appeals) and the Assistant Commissioner supported this view, relying on Rule 6(b)(ii) and a circular issued by the Board. The Tribunal, on the other hand, held that only direct costs related to production should be included in the assessable value, excluding other expenses. The Tribunal referred to the principles of accountancy and previous decisions to support its stance.The Court examined the provisions of Rule 6(b)(ii) and considered the principles of accountancy in determining the cost of production for captively consumed goods. It noted that only elements directly related to the manufacture of intermediates should be included in the cost of production, as supported by authoritative texts on cost accounting. The Court also referred to the decision in CCE v. Dai Ichi Karkaria Ltd., emphasizing the application of normal principles of accountancy in determining costs. Additionally, the Court highlighted the principles laid down by the Institute of Cost Accountants of India (ICWAI) regarding the cost of production for captive consumption, as outlined in CAS-4. The Court recognized the importance of following CAS-4 in determining the cost of production for captively consumed goods, as supported by various Tribunal decisions and a circular issued by the Central Board of Excise and Customs.Ultimately, the Court dismissed the appeals, upholding the Tribunal's decision to exclude additional expenses beyond direct production costs in the valuation of captively consumed goods. The Court emphasized that since the intermediate products were not sold or marketable, including expenses related to the final product's factory in their valuation was unwarranted. The Court's decision was based on the principles of accountancy, relevant legal provisions, and established guidelines for determining the cost of production for captively consumed goods.