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Documents citing M/S. Best Cast It Ltd vs Cce, Chennai on 7 October, 2009

Sankar Sealing Systems Pvt Ltd vs Chennai-Iv on 25 June, 2024

4. The issue relating to invoice 1, 2, 3 and 4 as to whether the cost of tools supplied by the buyer free of charge back to the appellant, should be included as an amortised cost, when the said tools are used in the appellants factory for manufacture of components for the said buyers, in terms of Rule 6 of CVR 2000 or not, has been examined by 5 E/41286/2013 this Tribunal in M/s Best Cast IT Ltd (supra) after considering the judgements of Commissioner of Central Excise, Mumbai I Vs Mega Rubber Technologies Pvt Ltd [2016 (343) ELT 384 (Tri- Mum)] and the Larger Bench decision in Mutual Industries Ltd Vs Commissioner of Central Excise, Mumbai [2002-TIOL-CESTAT- DEL-LB]. The relevant para of the order is reproduced below;
Custom, Excise & Service Tax Tribunal Cites 11 - Cited by 0 - Full Document

Best Cast It Limited vs Cce Chennai-Ii on 25 March, 2026

16. We further observe that the Chennai Bench of the Tribunal had occasion to examine the very same issue in the appellant's own case in Best Cast IT Ltd. vs Commissioner of GST & Central Excise, Chennai, 2023 (6) 10 TMI 99 (CESTAT Chennai). We note that in the said decision the Tribunal held that the amortised cum-duty cost of moulds supplied by customers is required to be included in the assessable value of aluminium die-castings manufactured using such moulds. The Tribunal, while examining the contention of the appellant regarding alleged double taxation, specifically rejected the said argument and held that moulds and castings are distinct excisable goods and that payment of duty on moulds does not preclude inclusion of their amortised cost in the assessable value of the finished castings manufactured using those moulds. The Tribunal further observed that moulds constitute an essential production tool in the manufacture of die-cast components and that, if such moulds had been procured from the market, their cost would naturally form part of the cost of production of the finished goods. Accordingly, the Tribunal concluded that the amortised cost of such moulds is liable to be included in the assessable value of the castings manufactured using them. The said decision having been rendered by a coordinate Bench of this Tribunal on the identical issue concerning the same appellant, judicial discipline requires that the same view be followed in the absence of any distinguishing facts.
Custom, Excise & Service Tax Tribunal Cites 7 - Cited by 0 - Full Document
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