2005 (1) TMI 550 - AT - Central Excise

Summary

Issues Involved:
Whether development charges are to be included in the assessable value of goods supplied to DRDL.

Detailed Analysis:

Issue 1: Inclusion of Development Charges in Assessable Value
The appeal filed by the Revenue questioned whether development charges should be part of the assessable value of goods supplied to DRDL. The respondents had supplied a cooling system to DRDL, declaring the value at Rs. 45,15,000 but paid duty only on an assessable value of Rs. 8,50,000, excluding the development charges. The Assistant Commissioner confirmed the differential duty based on the higher value. However, the Commissioner (Appeals) allowed the appeal filed by the respondents, contending that the development charges of Rs. 36,65,000 were for designing and development not supplied to the customer. The Revenue argued that these charges should be included as they form part of the cooling system, citing a previous decision. The Tribunal examined the records and noted that the respondents had realized Rs. 36.65 lakhs as development charges for the cooling system, which included the supplied goods. Relying on a prior decision, the Tribunal held that development charges are to be included in the assessable value of goods supplied. Consequently, the appeal of the Revenue was allowed.

This judgment clarifies the importance of including development charges in the assessable value of goods supplied, especially when such charges are incurred for the production of the supplied goods. The Tribunal's decision was based on the understanding that development charges directly related to the goods supplied should be considered part of the assessable value. The case serves as a precedent for future disputes regarding the inclusion of such charges in excisable goods' valuation, providing clarity on the matter and upholding consistency in tax assessments related to development costs incurred by suppliers.