2004 (9) TMI 216 - AT - Central Excise

Tribunal rules duty liability for job workers rests with principal manufacturer, not job worker

KAILASH AUTO BUILDERS LTD. Versus COMMISSIONER OF C. EX., BANGALORE

The Tribunal ruled in the case involving M/s. Kailash Auto Builders Ltd. that duty liability for job workers under Rule 57F(4) rests with the principal ... Demand - Value of clearances Issues:1. Valuation of raw materials for excise duty calculation.2. Applicability of Rule 7 of the Valuation Rules.3. Duty liability for job workers under Rule 57F(4).4. Imposition of penalty and interest under Sections 11AC and 11AB.Valuation of raw materials for excise duty calculation:The case involved M/s. Kailash Auto Builders Ltd. undertaking job work for fabrication of fuel tanks and base plates for dumper bodies. The dispute arose when the department alleged undervaluation by not including the value of raw materials received from principal manufacturers, resulting in a show cause notice. The adjudicating authority confirmed duty payment under Rule 9(1) of the Central Excise Rules. The Commissioner (Appeals) upheld the order, holding that the appellants should have included the cost of raw materials supplied by customers for duty calculation. However, the Tribunal ruled that duty liability is on the principal manufacturer under Rule 57F(4). Therefore, demanding duty from the job worker on the entire value of goods cleared was unjustified. Consequently, the demand for duty, penalty under Section 11AC, and interest under Section 11AB were deemed unsustainable, leading to the appeal being allowed with consequential relief.Applicability of Rule 7 of the Valuation Rules:The appellants contested the Commissioner (Appeals)' finding that they should have paid duty in accordance with Rule 7 of the Valuation Rules. They argued that since the Valuation Rules came into effect after the show cause notice was issued, the rules were not applicable to their case. The Tribunal acknowledged this argument, emphasizing that the Valuation Rules could not retroactively apply to a case initiated before their enforcement. This aspect further supported the decision to allow the appeal and grant relief to the appellants.Duty liability for job workers under Rule 57F(4):The appellants asserted that as job workers, they were not obligated to pay duty on materials added during job work, citing Rule 57F(4). They relied on a Tribunal decision emphasizing duty liability on the principal manufacturer. The Tribunal concurred, stating that under Rule 57F(4), duty responsibility lies with the principal manufacturer, not the job worker. Any duty paid by the job worker on raw materials used should not warrant additional duty demand on the entire goods value. This interpretation further supported the decision to allow the appeal and reject duty imposition on the job worker.Imposition of penalty and interest under Sections 11AC and 11AB:The department sought penalty under Section 11AC and interest under Section 11AB, contending that the appellants did not follow the proper procedure under Rule 57F(4). However, the Tribunal found no justification for penalty or interest, given the correct interpretation that duty liability rested with the principal manufacturer, not the job worker. Consequently, the imposition of penalty and interest was deemed unwarranted, aligning with the decision to allow the appeal and provide consequential relief to the appellants.