2006 (3) TMI 582 - AT - Central Excise

Summary

Issues:
1. Inclusion of actual freight and insurance charges in the assessable value under Section 4 of CE Act read with Rule 5 of Central Excise Valuation Rules.
2. Interpretation of Section 4(1)(a) and Section 4(1)(b) for valuation of goods.
3. Application of valuation rules when ex-factory price is available.

Analysis:

1. The appeal challenged the confirmation of the Revenue's stand on including actual freight and insurance charges in the assessable value, not reflected in the invoices. The appellant argued that since the department had already approved the price under Section 4(1)(a) of the CE Act, a different criterion under Section 4(1)(b) cannot be adopted. Reference was made to a previous Tribunal decision in the case of Suraj Lamps & Industries. The Tribunal agreed with the appellant's contention, emphasizing that the sale had been at the factory gate price, as per Section 4(1)(a), and the inclusion of freight and insurance charges was not warranted under Section 4(1)(b).

2. The Respondent contended that as per the contract executed with the customer, the freight and insurance charges were includible in the assessable value since the goods were delivered as per the contract terms. Citing a judgment in the case of JBM Industries Ltd, the Respondent argued for the inclusion of these charges. However, the Tribunal distinguished this judgment, highlighting that in the present case, the goods were assessed at the factory godowns, and the appellant collected separate amounts for delivery at the customer's place. The Tribunal held that the appellant's practice of collecting transportation charges for delivery did not necessitate adding these charges to the assessable value.

3. In its analysis, the Tribunal referred to the judgment in the case of Solaris Chemtech Ltd. v. CCE, Mangalore, which clarified that when goods are sold on an ex-factory basis, as in the appellant's case, Section 4(1)(a) applies, and there is no need to resort to Section 4(1)(b) for valuation. The Tribunal emphasized that when the ex-factory price is available, valuation rules are not applicable, and there is no requirement to display the cost of transportation in the invoice. Additionally, the Tribunal noted that there was no evidence of the appellant collecting amounts exceeding the actual transportation costs. Referring to the ruling in West Coast Paper Mills v. CCE, the Tribunal concluded that the cost of transportation should not be included in the assessable value. Consequently, the Tribunal set aside the impugned order and allowed the appeal, following the precedent applicable to the case's circumstances.