2006 (2) TMI 388 - AT - Central Excise

Summary

Issues:
1. Inclusion of transportation charges in the assessable value of Cylinders.

Analysis:
The case involved a dispute regarding the inclusion of transportation charges in the assessable value of Cylinders manufactured and cleared by the appellants. The matter was remanded for de novo consideration to determine whether it falls under Section 4(1)(a) or Section 4(1)(b) of the Central Excise Act, 1944. The Commissioner, in the impugned order, concluded that it falls under Section 4(1)(b), a decision strongly contested by the appellants, leading them to seek relief from the tribunal.

The appellants argued that the relevant documents, such as invoices and lorry receipts, clearly demonstrated that the goods were removed directly from the factory and consigned to the factory nominated by the consigner. They relied on a decision by the Apex Court in Escorts JCB Ltd., which emphasized that delivery to the lorry driver signifies transfer to the consignee. The appellants contended that the place of removal was the factory gate, aligning the case with Section 4(1)(a) rather than Section 4(1)(b) as determined by the Commissioner.

Moreover, the appellants highlighted that the Purchase Order and agreements with consignees did not unequivocally support the Commissioner's classification under Section 4(1)(b). They emphasized that the transportation was arranged at the consignees' instance as a routine commercial practice, not as a sale for delivery at the destination. The appellants argued that the responsibility for transport did not negate the existence of a Section 4(1)(a) price, as the product was ready for delivery at the factory gate, with freight being separately paid by buyers.

Upon careful review of the case records, the tribunal disagreed with the Commissioner's classification under Section 4(1)(b) and sided with the appellants' position. The tribunal noted that the basic price of the Gas Cylinders, as indicated in the invoices and purchase orders, aligned with Section 4(1)(a). Despite the appellants' transportation responsibility, the product was available for delivery at the factory gate, with buyers paying freight separately. Consequently, the tribunal set aside the impugned order and allowed the appeal, providing consequential relief as necessary.