2003 (10) TMI 422 - AT - Central Excise

Tribunal remands case on assessable value of mineral water containers for fresh review

The Tribunal allowed the appeal by remanding the case for fresh consideration. The decision was based on the interpretation that the cost of reusable ... Valuation - Cost of reusable containers Issues:1. Inclusion of deposits collected in assessable value of mineral water.2. Application of extended period of limitation.3. Interpretation of Board's Circular regarding cost of reusable containers.4. Decision to remand the case for fresh consideration.Issue 1: Inclusion of deposits collected in assessable value of mineral waterThe department contended that the manufacturers of mineral water were required to include the deposits collected from customers in the assessable value of the product. The case involved the interpretation of whether these deposits should be added to the printed MRP on the label of the mineral water jars. The appellants argued that the cost of reusable containers was amortized and included in the product's cost, as per the Board's Circular. They presented evidence to support their claim, including a subsequent order by the Commissioner of Central Excise. The Tribunal found merit in the appellants' argument and set aside the impugned order, remanding the case for fresh consideration to determine if the cost of reusable containers had indeed been amortized.Issue 2: Application of extended period of limitationThe department applied the extended period of limitation against the appellants in this case. The Tribunal acknowledged this application but focused its decision on the primary issue of inclusion of deposits in the assessable value. The Tribunal's decision to remand the case for fresh consideration encompassed a review of all aspects, including the application of the extended period of limitation, ensuring a comprehensive reexamination of the entire case based on the evidence and arguments presented.Issue 3: Interpretation of Board's Circular regarding cost of reusable containersA crucial aspect of the case revolved around the interpretation of the Board's Circular regarding the inclusion of the cost of reusable containers in the assessable value of goods. The appellants relied on this Circular to support their argument that the cost of reusable containers had been amortized and included in the product's cost. The Tribunal found the Circular to be relevant and directed the Commissioner to reconsider the case in the light of this Circular and the evidence provided by the appellants, emphasizing the importance of adhering to the Circular's guidelines in determining the assessable value.Issue 4: Decision to remand the case for fresh considerationUltimately, the Tribunal allowed the appeal by remanding the case for fresh consideration. This decision was based on the Tribunal's assessment that the matter required a more detailed examination, particularly in light of the evidence presented regarding the amortization of the cost of reusable containers and the applicability of the Board's Circular. By remanding the case, the Tribunal ensured a thorough review of the facts and legal interpretations involved, leading to a fair and comprehensive resolution of the dispute.This detailed analysis of the judgment highlights the key issues addressed by the Tribunal, the arguments presented by the parties, and the Tribunal's decision to remand the case for further consideration based on the evidence and legal principles involved.