Rule 10A Not Applicable Due to Absence of Job Work Relationship: CESTAT Mumbai

BBM Heavy Machinery Private Limited Vs Commissioner of GST & Central Excise (CESTAT Mumbai) Whether the department apply Rule 10A and treat the appellant as a job worker for valuation purposes? The appellant manufacture heavy machinery/equipment. Business is run by a joint venture (JV); agreement dated 19.07.2011 entered into with M/s SMS Meer India Limited, an Indian company and M/s Officine Meccaniche BBM SPA, Italy. The department alleged that appellants had manufactured final products out of certain raw materials supplied by M/s SMS, but failed to pay the central excise duty on the the...