2012 (8) TMI 77 - AT - Central Excise

Tribunal excludes transportation charges from assessable value under Central Excise Rules

The Tribunal allowed the appeal, setting aside the impugned order that sought to include transportation charges in the assessable value under the Central ... Assessable value – transportation charges – Held that:- As per Rule 5 of the Central Excise (Valuation) Rules, 2000, the transportation charges shown separately in the invoice or charge separately are not includable in the assessable value - while calculating the expenses incurred by the appellant on transportation charges, the maintenance of vehicles was also not considered Issues:Transportation charges included in assessable value under Central Excise (Valuation) Rules, 2000.Detailed Analysis:The appellant filed an appeal along with a stay application against the impugned order, which confirmed a demand of Rs.2,92,492/- along with interest and penalty. The dispute revolved around transportation charges shown separately in the invoices, with the department alleging that the charges were more than the actual expenses incurred by the appellant. The department sought to include the excess amount in the assessable value. The appellants contested this before the Appellate Tribunal CESTAT, Mumbai.Upon hearing both sides, the Tribunal found that the matter could be disposed of at that stage. They noted that Rule 5 of the Central Excise (Valuation) Rules, 2000, stipulates that transportation charges shown separately in the invoice are not to be included in the assessable value. The Tribunal observed that the show-cause notice incorrectly alleged that the transportation charges should be included, without considering all relevant factors such as vehicle maintenance expenses. As the transportation charges were shown separately and not part of the assessable value, the Tribunal found no merit in the impugned order.Consequently, the Tribunal set aside the impugned order and allowed the appeal with any consequential relief. They also waived the requirement of pre-deposit and proceeded with the final disposal of the appeal. Both the stay applications and appeals were disposed of in favor of the appellant. The judgment clarified the correct interpretation of the Central Excise (Valuation) Rules regarding the treatment of transportation charges in the assessable value, providing relief to the appellant in this case.