2005 (2) TMI 629 - AT - Central Excise

Summary

Issues:
1. Whether advertisement and marketing expenses should be added to the assessable value for duty calculation.
2. Impact of the amendment of the definition of Transaction Value on the case.

Analysis:
1. The appeal involved a dispute regarding the inclusion of advertisement and marketing expenses in the assessable value for duty calculation. The appellant, a job worker for various manufacturers, argued that they should not be liable for these expenses as they do not benefit from the advertisement done by the brand name owners. The appellant cited Board Circular No. 643/34/2002-CX, Tribunal rulings, and Supreme Court judgments in their favor. The Tribunal found merit in the appellant's submissions, noting that the brand name owner is the primary beneficiary of the advertisement, and the appellant does not receive any direct benefit. Therefore, the Tribunal allowed the stay application, waiving the pre-deposit amount of over Rs. 2 crores and staying its recovery, with the appeal scheduled for an expedited hearing.

2. The learned SDR argued that the amendment of the definition of Transaction Value necessitated the inclusion of advertisement and marketing charges in the assessable value. However, the appellant contended that this change did not affect the validity of the Board's Circular or the established legal principles. The Tribunal agreed with the appellant, emphasizing that the Board's Circular was issued post the new definition of Transaction Value and that the appellant had a strong prima facie case supported by legal precedents. Therefore, the Tribunal granted the waiver of pre-deposit and stayed the recovery of the amount pending the appeal hearing on 3rd May, 2005.