2009 (12) TMI 416 - AT - Central Excise

Appeal Order Set Aside in Central Excise Case

The impugned order-in-appeal was set aside in a case involving various issues related to the exclusion of different costs and deductions from the ... Valuation - Transportation costs- Transportation cost from place of removal to place of delivery not separately charged and shown in invoice. Assessee claiming that it was mentioned separately in commercial invoice and backing it up with transporter’s bill. Held that- matter remanded for verification and deduction if claim was correct. discount on quantity, cash and turnover. It is deductible from assessable value if given under terms of sale or trade practice, known before removal of goods and actually passed on to buyer. Held that- principles valid for new section 4 of Act also. Discount permissible under amended section 4 as such deduction is in accordance with the concept of transaction value, with burden on proof being on assessee. Valuation- damage discount – it is refund/benefit to buyer on damage suffered after removal of goods from factory. Held that- it is not permissible as deduction. Valuation- Old dues from buyer- held that- these are not deductible from assessable value as there is no provision for same. Only interest on receivable is deductible. Issues Involved:1. Exclusion of transportation costs from the assessable value.2. Exclusion of Sales tax/Central Sales Tax (CST) from the assessable value.3. Exclusion of cash discounts and turnover discounts from the assessable value.4. Exclusion of bank collection charges from the assessable value.5. Deduction on account of old dues from buyers.Issue-wise Detailed Analysis:1. Exclusion of Transportation Costs from the Assessable Value:The first point of dispute concerns whether the exclusion of transportation expenses from the place of removal to the customer's premises is permissible under Section 4 of the Central Excise Act and the Central Excise Valuation Rules. The period of dispute is from March 1997 to March 2002. Prior to 1-7-2000, Section 4(2) explicitly allowed the exclusion of transportation costs from the place of removal to the place of delivery. Despite the absence of a specific provision in the new Section 4 effective from 1-7-2000, the principle remains that transportation costs to the place of delivery should be excluded if charged separately in the invoice. The Tribunal noted that the appellant claimed these costs were shown in commercial invoices and backed by transporter's bills. This claim needs verification, and the matter is remanded to the original adjudicating authority for further examination.2. Exclusion of Sales Tax/CST from the Assessable Value:The second issue is the exclusion of Sales tax/CST. The appellants were availing a scheme for deferment of Sales tax/CST payment. The legal position is that only taxes paid or payable should be excluded from the assessable value. The dispute is over the quantum of deduction allowed by the Deputy Commissioner, which the Commissioner (Appeals) found to be more than the actual liability reflected in the balance sheet. This factual determination needs to be verified by the original adjudicating authority.3. Exclusion of Cash Discounts and Turnover Discounts from the Assessable Value:The third issue involves the exclusion of cash and turnover discounts. According to the Supreme Court judgments in the cases of MRF Ltd. and Bombay Tyres International, such discounts should be excluded if given under the terms of sale or established trade practice, known prior to removal, and actually passed on to the buyers. The Department objected, stating that most discounts were not known in advance and were not passed on. This factual determination also requires verification by the original adjudicating authority.4. Exclusion of Bank Collection Charges from the Assessable Value:The fourth issue is the exclusion of bank collection charges for outstation cheques. The Supreme Court in A. Infrastructure Ltd. held that bank charges are post-manufacturing expenses and should be deductible from the assessable value. The Department alleged that these charges were allowed twice. This factual determination needs verification by the original adjudicating authority.5. Deduction on Account of Old Dues from Buyers:The fifth issue involves the deduction allowed by the original adjudicating authority on account of 'old dues from the buyer.' The Tribunal agreed with the Commissioner (Appeals) that there is no provision in Central Excise law for such deductions, except for interest on receivables. However, since the impugned order lacks details, this matter also requires further examination by the original adjudicating authority.Conclusion:The impugned order-in-appeal is set aside, and the matter is remanded to the Jurisdictional Assistant/Deputy Commissioner for de novo adjudication, keeping in view the observations made in paragraphs 4.1 to 4.5. The appeals are disposed of accordingly.