2004 (3) TMI 648 - AT - Central Excise

Tribunal excludes packing cost from assessable value of motor vehicle parts, citing transport safety.

JBM TOOLS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, FARIDABAD

The Tribunal allowed the appeal, setting aside duty demands that included the cost of packing in the assessable value of motor vehicle parts. It was ... Valuation - Packing charges Issues:1. Duty demands confirmed on including the cost of packing in the assessable value of motor vehicle parts.Analysis:The case involved the appellant, a manufacturer supplying motor vehicle parts to various automobile companies, challenging duty demands imposed by including the cost of packing in the assessable value of the parts. The appellant argued that the parts were mostly delivered unpacked to nearby manufacturers, with packing only necessary for goods dispatched to distant purchasers. They relied on legal precedents, including a Supreme Court decision and Tribunal rulings, to support their contention that packing costs for distant transportation should not be part of the assessable value. The Tribunal noted a similar case involving sheet glass where the cost of wooden packing for transport safety was not considered part of the assessable value, leading to the order being set aside and the appeal allowed.The Tribunal found that the wooden packing in the appellant's case was additional and solely for the safety of goods during transport, not part of the manufacturing cost of the parts. Consequently, the cost of such additional packing was deemed part of the transport cost, not the assessable value of the goods. Orders contrary to this interpretation were deemed unsustainable, leading to the impugned order being set aside, and the appeals allowed with any consequential relief for the appellants.