2019 (11) TMI 9 - AT - Central Excise

Tribunal rules Royalty Charges included in assessable value, sets aside Central Excise duty demand

Firmenich Aromatics India Private Limited Versus Commissioner of Central Excise & ST, Daman

Firmenich Aromatics India Private Limited Versus Commissioner of Central Excise & ST, Daman - TMI Issues:1. Inclusion of Royalty Charges in assessable value for excise duty calculation.Analysis:The case involves a dispute regarding the inclusion of Royalty Charges in the assessable value of excisable goods for the calculation of Central Excise duty. The appellant, a manufacturer of excisable goods, had paid Royalty Charges for technical know-how to a foreign collaborator during a specific period. The audit revealed that these Royalty Charges were not included in the assessable value of the finished goods, leading to a short payment of Central Excise duty. Consequently, a show cause notice was issued, and the Adjudicating Authority confirmed a demand for Central Excise duty, interest, and imposed a penalty.The appellant contended that the Royalty Charges were indeed included in the assessable value, supported by a Chartered Accountant's certificate. They argued that the Royalty Charges were part of the Sales and Distribution Overheads and were reflected in the transaction value at which the goods were sold. The appellant relied on various legal precedents to support their position.On the other hand, the Revenue, represented by the Superintendent, reiterated the findings of the impugned order and relied on specific judgments to support their stance that the Royalty Charges should have been included in the assessable value for excise duty calculation.After considering the arguments from both sides, the Tribunal observed that the Royalty Charges were included in the transaction value of the goods sold by the appellant. They emphasized that post-amended valuation provisions, duty is chargeable on the actual transaction value, which encompasses all overhead charges and expenses related to the manufacturing and selling of the goods. The Tribunal noted that the Chartered Accountant's certificate confirmed the inclusion of Royalty Charges in the transaction value, as reflected in the books of accounts. Consequently, the Tribunal set aside the impugned order, ruling in favor of the appellant.In conclusion, the Tribunal's decision centered on the crucial aspect of whether the Royalty Charges were correctly included in the assessable value for excise duty calculation. By analyzing the factual and legal arguments presented by both parties, the Tribunal determined that the Royalty Charges were indeed part of the transaction value and, therefore, the demand for Central Excise duty was not justified in this case.