2004 (10) TMI 468 - AT - Central Excise

Summary

Issues:
- Appeal against deduction of charges for freight and insurance from the assessable value of Electric Energy Meters.

Analysis:
1. The Revenue filed an appeal against the Order-in-Appeal allowing the deduction of Rs. 10/- per meter for freight and insurance charges from the assessable value of Electric Energy Meters manufactured by M/s. Modern Instruments (P) Ltd.
2. The Respondents supplied Electric Energy Meters to Power Corporations, and the dispute arose regarding the inclusion of Rs. 10/- per meter as charges. The Deputy Commissioner confirmed the demand of duty, while the Commissioner (Appeals) held that the charge was for transportation only.
3. The Respondents provided a breakdown of charges per meter, including labor, freight, inner box, and outer box charges. The Revenue argued that only the freight charge of Rs. 4.60 per meter should be excluded from the assessable value.
4. The Respondents contended that as per the contract with U.P. Power Corporation, the transportation charges were separate and not part of the assessable value, citing a Supreme Court case. The Commissioner (Appeals) accepted the transportation charges as only for freight and insurance.
5. After considering both sides, the Tribunal found that the break-up provided by the Respondents clearly indicated that only the freight charge of Rs. 4.60 per meter should be excluded from the assessable value. The other charges, totaling Rs. 5.90, were to be included. The Tribunal allowed the appeal filed by the Revenue, setting aside the impugned order.

This judgment clarifies the distinction between different charges associated with the assessable value of goods and emphasizes the importance of accurately determining which charges are to be included or excluded. The decision also highlights the significance of providing a clear breakdown of charges and the implications of such breakdowns in determining the assessable value of goods for excise duty purposes.