2006 (12) TMI 552 - AT - Central Excise

CESTAT Bangalore: Freight & Insurance Charges Excluded from Assessable Value

SIRPUR PAPER MILLS LTD. Versus COMMR. OF CUS. & C. EX., HYDERABAD-I

SIRPUR PAPER MILLS LTD. Versus COMMR. OF CUS. & C. EX., HYDERABAD-I - 2018 (360) E.L.T. 1041 (Tri. - Bang.) Issues:1. Addition of freight and insurance charges in the assessable value of goods already assessed.2. Reopening of assessments for adding elements in the assessed pricelists.Analysis:Issue 1: Addition of freight and insurance charges in the assessable valueThe appeal addressed the inclusion of freight and insurance charges in the assessable value of goods that had already been assessed based on the factory price under Section 4. The appellant argued that the assessments had not been reopened, and thus, the department could not direct the addition of these charges. The appellant cited a previous ruling by the same Bench where the addition of these charges was set aside, emphasizing that the elements related to transportation from the factory to the depot and should not impact the assessable value of goods already cleared from the factory gate. The Tribunal agreed with the appellant, referencing the earlier Final Order that concluded these elements should not be added to the assessable value. Consequently, the Tribunal allowed the appeal in favor of the assessee, granting consequential relief if applicable.Issue 2: Reopening of assessments for adding elements in the assessed pricelistsThe Tribunal deliberated on whether the department could issue a show cause notice to add freight and insurance charges to the assessed pricelists without reopening the assessments. The appellant contended that such additions were unwarranted as the assessments had been finalized based on the price lists submitted concerning goods cleared from the factory gate. The Tribunal concurred with the appellant's argument, highlighting that the elements in question pertained to goods cleared outside the factory gate and should not impact the assessable value already determined. By referencing previous judgments and rulings in the appellant's favor, the Tribunal concluded that the department's actions were not justified, ultimately allowing the appeal and providing relief to the assessee.This judgment by the Appellate Tribunal CESTAT Bangalore underscored the importance of adhering to established assessment procedures and ensuring that additional charges related to transportation do not unjustly impact the assessable value of goods. The decision reaffirmed the need for consistency in applying legal principles and respecting prior rulings to uphold fairness and equity in tax assessments.