2007 (7) TMI 61 - AT - Central Excise

Valuation(Central Excise) Department contended that the priced charged by the appellant from his buyer is influenced by the relationship and accordingly demand were made along with interest and penalty Held that department contention was not sustained and set aside

Summary

Issues: Valuation of goods sold between inter-connected undertakings under Central Excise Valuation Rules, 2000.

Analysis:
The case involves a Private Limited Company selling iron and steel castings to a partnership firm where four directors of the company are partners in the buyer's firm. The issue revolves around the valuation of goods sold between these inter-connected undertakings under Rule 10 of the Central Excise Valuation Rules, 2000. The Appellants argue that there is no mutuality of interest between the entities, and the prices charged are normal commercial prices, supported by the fact that other suppliers also sell at the same price to the buyer. They rely on various legal precedents to support their claim.

The Appellants contend that the Department failed to demonstrate mutuality of interest between the buyer and seller and that the prices are not influenced by any extra commercial consideration. They assert that the prices at which they sold the goods are market determined and at arms length. Additionally, they highlight that the duty paid by the Appellants has been credited at the end of the buyer, removing any incentive for the Appellants to suppress the value and reduce duty liability.

Upon reviewing the case records and cited legal precedents, the Tribunal observes that while the entities are inter-connected undertakings, the Department must prove mutuality of interest under Section 4(3) to apply Rules 9 and 8 of the Central Excise Valuation Rules, 2000. The Tribunal notes that the Department did not question the value of goods sold before 2000, and since the law regarding mutuality of interest remained unchanged, the valuation practice should not be questioned post-2000 merely due to the formulation of new Rules. The Tribunal finds that the prices charged by the Appellants are acceptable, as evidenced by other suppliers selling at the same price to the buyer. Consequently, the Tribunal sets aside the demand confirmed by the impugned order, along with the interest and penalty imposed on the Appellants, granting consequential relief to them. The Cross Objection filed by the Department is also disposed of accordingly.