Assessable value excludes unsupported ex-works additions but includes factory loading charges within the valuation base.

Amounts collected over and above the ex-works price, including the Engineering Goods Export Assistance Fund and Joint Plant Committee Cess, were held not sustainably includible in assessable value because the larger bench view against such inclusion was applied. Loading charges incurred within the factory premises up to removal were held includible in assessable value because they formed part of the ex-factory price for valuation purposes. The appeal therefore succeeded on the first valuation component and failed on the loading charges issue.

---

---

Issues: (i) Whether the Engineering Goods Export Assistance Fund and the Joint Plant Committee Cess collected over and above the ex-works price were includible in the assessable value of the final product. (ii) Whether loading charges incurred up to the point of removal of goods from the factory were includible in the assessable value.

Issue (i): Whether the Engineering Goods Export Assistance Fund and the Joint Plant Committee Cess collected over and above the ex-works price were includible in the assessable value of the final product.

Analysis: The question on inclusion of these amounts in assessable value was covered by the Larger Bench decision relied upon in the matter, and the view taken by the appellate authority on this point was found unsustainable.

Conclusion: The Engineering Goods Export Assistance Fund and Joint Plant Committee Cess were not sustained as includible in the assessable value; this issue was decided in favour of the assessee.

Issue (ii): Whether loading charges incurred up to the point of removal of goods from the factory were includible in the assessable value.

Analysis: The loading charges were incurred within the factory premises, and the ex-factory price inclusive of such charges was considered the proper basis for stock yard transfer. No infirmity was found in the concurrent view of the adjudicating and appellate authorities on this aspect.

Conclusion: The loading charges incurred within the factory premises were held includible in the assessable value; this issue was decided against the assessee.

Final Conclusion: The appeal succeeded only on the valuation component relating to the Engineering Goods Export Assistance Fund and the Joint Plant Committee Cess, while the inclusion of loading charges within the factory premises was upheld.

Ratio Decidendi: For valuation purposes, amounts collected over and above the ex-works price are includible only if legally sustainable on the governing valuation principles, whereas loading charges incurred within the factory premises form part of the ex-factory price.

---