2011 (1) TMI 819 - AT - Central Excise

Tribunal rules free packing material not included in assessable value, stresses evidence & legal standards

The Tribunal ruled in favor of the assessees, holding that the value of packing material supplied free of cost by the buyer should not be included in the ... Valuation - whether the value of packing material supplied free of cost by the buyer is includible in the assessable value of goods - As such the apex court decision in Jauss Polymers Ltd. Vs CCE Meerut [2003 -TMI - 46689 - SUPREME COURT OF INDIA], case is decided in favour of assessee. Issues:Whether the value of packing material supplied free of cost by the buyer is includible in the assessable value of goods manufactured by the assessees.Analysis:The issue in dispute pertains to the inclusion of the value of packing material supplied free of cost by the buyer in the assessable value of goods manufactured by the assessees. The Commissioner (Appeals) upheld the demand on the packing materials due to the lack of necessary evidence from the assessees to substantiate their claim that they had not incurred any expenses on the packing material provided by M/s.BPL Telecom Ltd. However, the Tribunal found in favor of the assessees, acknowledging that the packing material was indeed supplied free of cost by M/s.BPL Telecom Ltd. The Tribunal reasoned that if the assessees had spent any amount on the packing materials, the question of including their value in the assessable value of goods would not arise, as the sale price would already cover the cost of purchased packing materials. The Tribunal relied on the apex court decisions in Jauss Polymers Ltd. Vs CCE Meerut [2003 (157) ELT 626 (SC)] and Hindustan Polymers Vs Collector [1989 (43) ELT 165 (SC)] to support their decision. Therefore, the Tribunal set aside the impugned order and allowed the appeal in favor of the assessees.This judgment highlights the importance of providing necessary evidence to substantiate claims in disputes related to the assessable value of goods. It underscores the significance of considering the specific circumstances of each case and applying relevant legal precedents to arrive at a just decision. The reliance on apex court decisions further strengthens the Tribunal's reasoning and ensures consistency in the interpretation and application of relevant legal principles. Overall, the judgment serves as a reminder of the need for thorough documentation and adherence to legal standards in matters concerning the valuation of goods for taxation purposes.