2007 (5) TMI 385 - AT - Central Excise

Tribunal excludes loading & leveling charges from assessable value, emphasizing buyer's payments only.

The tribunal ruled in favor of the appellants, stating that loading and leveling charges incurred by a contractor for transportation of gypsum should not ... Valuation - Transportation charges Issues involved: The judgment involves the inclusion of loading and leveling charges in the assessable value of gypsum, penalties under Sec. 11AC, and interest under Sec. 11AB.Details of the judgment:1. Inclusion of Loading and Leveling Charges: The appellants manufacture phosphoric acid with gypsum as a by-product, handled by a contractor. The revenue contended that charges incurred by the contractor for loading, leveling, and transportation should be included in the assessable value of gypsum. However, the tribunal disagreed, stating that such expenses are not part of the assessable value as they do not flow back to the appellant. Citing relevant legal definitions, the tribunal ruled in favor of the appellants, emphasizing that only amounts payable to the assessee by the buyer are includible in the transaction value.2. Legal Arguments: The revenue argued that the contractor is essentially an extension of the appellant's operations, justifying the inclusion of all amounts received by the contractor in the assessable value. However, the tribunal found no merit in this argument, highlighting the separate agreements between the appellant, the contractor, and the cement manufacturers. The tribunal clarified that expenses incurred for transportation to the buyer's premises are not part of the assessable value as long as a factory gate price exists.3. Precedents and Conclusion: The appellants relied on previous decisions supporting their position, which held that transportation costs to the buyer's premises are not includible in the assessable value. Based on these precedents and the specific circumstances of the case, the tribunal ruled in favor of the appellants, concluding that the demands made by the revenue were unjustified. Consequently, the tribunal allowed the appeal, providing consequential relief by rejecting penalties and interest demands.Separate Judgment: No separate judgment was delivered by the judges in this case.