2004 (3) TMI 539 - AT - Central Excise

Summary

Issues:
1. Different pricing for different classes of buyers.
2. Inclusion of freight charges in the assessable value of goods.

Analysis:
1. The appellants, engaged in the manufacture of Carbon-di-oxide, cleared goods to depots and refilling stations for industrial consumers and wholesale dealers at different prices based on commercial considerations. Show Cause Notices were issued seeking reassessment of goods on the single highest price and inclusion of freight. The adjudicating authority confirmed the demand on freight but dropped the demand on pricing. Appeals were filed by both parties. The Commissioner (Appeals) rejected the appellant's appeal and allowed the Revenue's appeal. The Tribunal considered different classes of buyers and upheld the possibility of different prices among them, citing a previous case. The Tribunal allowed the appeals, emphasizing the legitimacy of varying prices for different classes of buyers.

2. Regarding the inclusion of freight charges, it was established that duties were paid when goods were cleared through depots, and duty was paid before clearance at refilling stations. The goods cleared from refilling stations underwent further processes and were not the same as those received from the factory. Therefore, the Tribunal concluded that the inclusion of freight in the assessable value of goods cleared from the factory to the refilling station was not applicable. Consequently, the impugned orders were set aside, and the appeals were allowed, highlighting the distinction between depots and refilling stations in terms of duty payment and assessable value calculation.