CIR NO.749/65/2003-CX, DT. 26/09/2003

Valuation of goods for Central Excise Purpose - cum duty price.

Kind attention is invited to the judgement dated 26.02.2002 of the Hon"ble Supreme Court in the case of CCE, Madurai vs. T.V.S. Srichakra Ltd. and the judgement dated 27.02.2002 in the case of CCE, Delhi vs. Maruty Udyog Ud. [2002 (141) ELT 3 (SC)]. Vide the said judgement, appeals filed by the Department were dismissed by the Hon"ble Supreme Court, upholding that the sale price raised by the assessee is to be regarded as inclusive of excise duty and therefore, in arriving at the excisable value of the goods, the element of duty which is payable is to be excluded.

In this regard, it is to be informed that against the above said judgements of the Hon"ble Supreme Court has ordered forissue of notice. It is therefore, requested that the cases pending for adjudication and remanded on this issue may be kept pending in the Call Book till the decision of the Hon"ble Supreme Court on the Review Petition filed by the the Department. Accordingly, if any, adverse decision of any appellate authority on this issue comes in the meanwhile, the same will need to be appealed against.

Though vide section 136 of the Finance Act 2003, Section 4 of the Central Excise Act has been amended by insertion of an Explanation of Section 4(1) to the effect that the price-cum-duty shall be deemed to include the duty payable on the goods, Board has taken a view that the amended provision will apply only prospectively and the old cases will have to be pursued as per the provisions of law prevailing at the relevant time.

It is requested that the contents of this Circular may be brought to the notice of all the Commissioners under your charge for necessary action at their end.

(Sungita Sharma)
Director (Review)

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