2018 (10) TMI 958 - AT - Central Excise

Tribunal excludes sales promotion expenses from assessable value, grants relief to appellant

M/s BCH Electric Ltd. Versus CCE, Delhi-IV

M/s BCH Electric Ltd. Versus CCE, Delhi-IV - TMI Issues:- Appeal against demand of duty, interest, and penalty under Section 11AC of the Act, 1944.- Inclusion of expenses on sales promotion activities in the transaction value of goods sold by the appellant.- Interpretation of provisions regarding jointly incurred sales promotion expenses by appellant and dealers.- Applicability of previous judgments on similar cases to the current scenario.Analysis:1. The appellant challenged an order confirming duty demand, interest, and penalty under Section 11AC of the Act, 1944. The dispute arose from expenses on sales promotion activities, specifically distribution of diaries and calendars by dealers jointly with the appellant. The department argued that the expenses should be part of the transaction value of goods sold by the appellant.2. The Tribunal reviewed the case history, where the Additional Commissioner initially dropped the proceedings based on previous judgments. However, the Commissioner (Appeals) later set aside this decision, confirming the duty demand, interest, and imposing a penalty. The appellant then filed an appeal against this order.3. The appellant contended that the sales promotion scheme was optional for dealers, with 50% of the expenses borne by them. Citing previous cases like CCE, Mysore Vs. Reid & Taylor, the appellant argued that such expenses, when not compulsory and reimbursed to dealers, should not be included in the assessable value. Similar views were upheld in cases like TVS Motor Company Ltd. Vs. CCE, Chennai and Maruti Suzuki India Ltd. Vs. CCE, Delhi/Bhopal.4. The department, represented by the Ld. AR, supported the findings of the impugned order, emphasizing the inclusion of expenses in the transaction value.5. The Tribunal considered the arguments and examined the precedents set by previous judgments. It noted that when sales promotion expenses are jointly incurred, optional, and not compulsory, the expenses borne by dealers should not be included in the assessable value. Since there was no evidence of dealer obligation to share expenses, the Tribunal applied the judgments of previous cases to the current scenario.6. Consequently, the Tribunal set aside the impugned order confirming the demand, interest, and penalty on the appellant, allowing the appeal with consequential relief. The decision was dictated and pronounced in the open court by the Tribunal members.