2005 (7) TMI 529 - AT - Central Excise

Summary

Issues:
Valuation of Non-alcoholic Beverage Base (NABB) for excise purposes including advertisement charges.

Analysis:
The case involved a dispute regarding the excise valuation of Non-alcoholic Beverage Base (NABB) manufactured by the appellants, which was sold to bottlers for dilution and sale as soft drinks. The excise authorities contended that the additional amounts charged by the appellants for advertisement costs from the buyers of NABB should be included in the assessable value of NABB as it was considered part of its value. The Commissioner upheld this view, stating that advertisement of soft drinks also enhanced the marketability of NABB, leading to the inclusion of advertisement costs in the assessable value of NABB.

Upon appeal to the Tribunal, the order was confirmed, resulting in the appellants approaching the Hon'ble Supreme Court. The Supreme Court remanded the matter back to the Tribunal for reconsideration in light of a subsequent judgment in a similar case. The Senior Counsel for the appellant argued that the Apex Court's judgment in another case clarified that advertisement costs for beverages should not form part of the assessable value of NABB, citing the distinction between advertisement costs for different products and emphasizing the promotion of marketability.

In response, the SDR contended that since the advertisement costs were recovered by the NABB manufacturer itself, the Apex Court's decision was not directly applicable to the present case. However, a thorough examination of the case record and the Apex Court's judgment established that the rule was clear: costs incurred for marketing beverages should not be considered in the assessment of the beverage base. Consequently, the Tribunal allowed the appeals, setting aside the impugned order and granting the appellants consequential relief, if any.

In conclusion, the judgment clarified the valuation of NABB for excise purposes, emphasizing that advertisement costs for beverages should not be included in the assessable value of NABB. The decision was based on the principle that marketing costs for beverages should not impact the assessment of the beverage base, ultimately ruling in favor of the appellants and providing them with the necessary relief.