2002 (5) TMI 627 - AT - Central Excise

Summary

Issues:
Whether freight and insurance charges are to be included in the assessable value of mobile cranes.

Analysis:
The appeals involved a dispute regarding the inclusion of freight and insurance charges in the assessable value of mobile cranes. The Appellants, a manufacturing company, argued that the Deputy Commissioner lacked jurisdiction to adjudicate the cases due to misdeclaration and suppression of facts. They contended that the insurance policy was solely for the benefit of customers, and therefore, no demand or penalty should be imposed on them. The Revenue, on the other hand, asserted that the charges should be included in the assessable value as per Section 11A(1) of the Central Excise Act. They relied on previous tribunal decisions and emphasized that the ownership of goods remained with the manufacturer until delivery at the buyer's premises, making it the place of removal for valuation purposes.

In the analysis, the Tribunal considered the provisions of the Central Excise Act, particularly Section 4(1) and Section 4(4)(b), to determine the place of removal for valuation. Referring to the decision in Prabhat Zarda Factory case, it was established that the place of removal is where the transfer of possession of goods occurs from the manufacturer to the buyer. The Tribunal noted that the insurance policy in question was issued on behalf of customers, indicating that the goods were intended for the buyers. Unlike the Prabhat Zarda case, where the manufacturer acted as both consignor and consignee, in this scenario, the invoices clearly showed the customers as recipients, supporting the Appellants' claim that the ownership passed to buyers at the factory gate. As a result, the appeals filed by the manufacturing company were allowed, and no additional duty was imposed on them.

Regarding the jurisdictional aspect, the Tribunal found no infirmity in the issuance of show cause notices by the Deputy Commissioner, as they were empowered to adjudicate cases within the specified duty limit. While acknowledging the Revenue's position on the validity of the notices and adjudication, the Tribunal ruled in favor of the assessee on the merit of the case. Consequently, the manufacturing company was not held liable to pay any duty or penalty. All appeals and cross-objections were disposed of accordingly, with a comprehensive analysis of the legal and factual aspects involved in the dispute.