2004 (2) TMI 560 - AT - Central Excise

Summary

Issues:
1. Application for waiver of pre-deposit of duty and penalty.
2. Inclusion of excess freight in the assessable value of goods.
3. Interpretation of Apex Court's decision in Baroda Electric Meters Ltd. v. CCE.
4. Tribunal's decision in Anjaleem Enterprises Pvt. Ltd. v. CCE regarding excess freight.

Analysis:
1. The judgment dealt with an application for waiver of pre-deposit of duty and penalty. The duty confirmed included excess freight collected by the appellants in the assessable value of goods manufactured and cleared by them during 1997-98. The tribunal, after hearing both sides, decided to proceed with hearing the appeal itself after waiving the pre-deposit amount, with the consent of both parties.

2. The main issue revolved around the inclusion of excess freight in the assessable value of goods. The tribunal referred to the Apex Court's decision in Baroda Electric Meters Ltd. v. CCE, where it was held that duty of excise is a tax on the manufacturer and not on the profits incurred by a dealer on transportation. The tribunal noted that in other cases, such as Anjaleem Enterprises Pvt. Ltd. v. CCE, where it was not a case of equalized freight, the tribunal applied the ratio of the Supreme Court's decision and held that excess freight should not be included in the assessable value of goods manufactured.

3. By following the ratio of the above orders and the interpretation of the Apex Court's decision in Baroda Electric Meters Ltd. v. CCE, the tribunal set aside the impugned order and allowed the appeal. This decision was based on the understanding that duty of excise is levied on the manufacturer and not on the transportation costs incurred by the dealer.

In conclusion, the judgment provided a comprehensive analysis of the issues related to the inclusion of excess freight in the assessable value of goods and the interpretation of relevant legal precedents, ultimately leading to the allowance of the appeal in favor of the assessees.