2008 (5) TMI 201 - AT - Central Excise

CESTAT Bangalore: Buyer's manufacturing supervision costs not part of excise duty assessable value.

The Appellate Tribunal CESTAT Bangalore ruled that the expenditure incurred by the buyer for supervising the manufacturing process should not be included ... Supervision expenditure by buyer to ensure the correct quality - issue involved is whether the expenditure incurred by the buyer is to be included in the assessable value – impugned expenses are not incurred on behalf of manufacturer - department proceeded against the appellants holding that they are includible – action of department is not acceptable – appeal of assessee is allowed Issues:- Inclusion of buyer's expenditure in assessable value for excise duty calculation.Analysis:The judgment by the Appellate Tribunal CESTAT Bangalore involved the issue of whether the expenditure incurred by the buyer, at the rate of Rs. 2/- per litre, for supervising the manufacturing process of goods should be included in the assessable value for excise duty calculation. The appellant, a manufacturer of paints, had supplied Marine Grade Paints to a buyer who incurred certain expenses towards production overheads for quality supervision. The department contended that this expenditure should be included in the assessable value, while the appellant argued that it was incurred by the buyer in their own interest and not for the benefit of the appellant.During the hearing, the appellant's advocate highlighted that the buyer's expenditure was for their own quality control purposes and did not constitute consideration received by the appellant in connection with the sale of goods. The departmental representative, however, supported the lower authorities' findings in favor of including the expenditure in the assessable value. The Tribunal examined the definition of 'Transaction Value' under Section 4, which includes amounts payable by the buyer to or on behalf of the assessee in connection with the sale.After careful consideration, the Tribunal concluded that the expenditure incurred by the buyer for supervision and quality control was not paid to the appellant and was done in the buyer's own interest. It was determined that the buyer's supervision did not impact the completion of the manufacturing process by the appellant. Therefore, the Tribunal found no legal basis to include the buyer's expenditure in the assessable value for excise duty calculation. Consequently, the impugned orders were set aside, and the appeals were allowed with consequential relief. The judgment was pronounced in open court on 16-5-2008.