Valuation of goods manufactured on job-work basis – Tribunal did not consider whether the parties were related – Matter remanded – SC

CCE Vs. M/s. Food & Healthcare Specialties & ANR. (Supreme Court)- In the present case, as aforesaid, neither did the Tribunal address this aspect of the matter, nor did it consider whether the Assessee and Heinz are related persons. It based its decision solely on the observation made by the Adjudicating Authority ‘that the status of the Assessee was not better than that of a hired labour’.

We are, therefore, of the opinion that in the light of the above discussion, it would be necessary for the Tribunal to examine in depth the agreement between the Assessee and Heinz as also any other additional material, the parties may like to adduce and determine the question whether or not both of them are related persons.

 Resultantly, the appeals are allowed and the matter is remanded back to the Tribunal for the purpose of determining the nature of relationship between the Assessee and Heinz. If it is found that they are not related persons, then the present decision of the Tribunal will stand affirmed.

SUPREME COURT OF INDIA

Commissioner of Central Excise, Faridabad

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