2004 (6) TMI 450 - Commission - Central Excise

Issues Involved:
1. Inclusion of freight charges in the assessable value for goods cleared from 1-5-97 to 30-6-2000.
2. Duty liability on extra freight charges collected from 1-7-2000 to 14-9-2001.
3. Duty on freight charges for goods supplied to Nepal.
4. Duty on third-party inspection charges collected from customers.

Detailed Analysis:

1. Inclusion of Freight Charges in Assessable Value (1-5-97 to 30-6-2000):
The Revenue contended that the freight charges should be included in the assessable value because the goods were delivered on an F.O.R. (Free on Rail/Road) basis, and the applicant was responsible for transit insurance. They argued that the place of removal was the consignee's end, not the factory gate. The Revenue relied on the decisions in CCE, Meerut-II v. Prabhat Zarda Factory Ltd. and M/s. Escorts J.C.B. Ltd. v. CCE, New Delhi.

The applicant contested this, and the Commissioner (Investigation) verified the claims. The Bench found that the price quoted in the purchase orders was ex-works, with freight charges separately mentioned. The Bench also considered the Supreme Court's judgment in M/s. Escorts J.C.B. Ltd. and Prabhat Zarda Ltd., concluding that the place of removal is the factory gate, not the consignee's end. Therefore, the demand for duty on the freight element for goods cleared during this period was not justified.

2. Duty Liability on Extra Freight Charges (1-7-2000 to 14-9-2001):
The Revenue demanded duty on the extra amount collected as freight for goods cleared from 1-7-2000, based on the concept of "transaction value" introduced in the amended Section 4 of the Act. The applicant accepted an additional duty liability of Rs. 5,55,731/-, treating the extra amount collected as a cum-duty amount. The Bench agreed with this computation, noting that the duty amount was not reimbursed to the applicant.

3. Duty on Freight Charges for Goods Supplied to Nepal:
The Revenue demanded duty on freight charges collected in Nepalese rupees for goods exported under bond to Nepal, arguing that it was not a hard currency. The Bench disagreed, stating that when no duty is payable on goods exported under bond, duty cannot be charged on the freight element alone. Therefore, the demand on this account was not sustainable.

4. Duty on Third-Party Inspection Charges:
The Revenue argued that the inspection charges collected by the applicant for third-party inspections nominated by the buyers should be included in the assessable value, based on the "transaction value" concept in Section 4 of the Act. The Bench found that since the inspection charges did not accrue to the assessee, they could not be included in the assessable value. Therefore, the demand on this account had no legal support.

Conclusion:
The case was settled with the following terms and conditions:
1. The additional duty liability was settled at Rs. 5,55,731/-, to be appropriated from the amount already deposited by the applicant.
2. Immunity from interest and penalty was granted to the applicant.
3. The immunities are subject to withdrawal if it is found that the applicant withheld material particulars or employed fraudulent means in obtaining the settlement.

The judgment emphasized that the applicant had already deposited Rs. 18.75 lakhs, which was more than the additional duty liability, and the Revenue was in possession of the excess amount for about three years.

← Previous Next →