2006 (4) TMI 419 - AT - Central Excise

Summary

Issues involved:
1. Inclusion of reimbursed expenses in the assessable value of soft drinks.
2. Penalty imposition under Section 11AC and Rule 173Q(2) on M/s. Coca Cola.
3. Abetment under Rule 209A for M/s. Coca Cola.
4. Charging of interest under Section 11AB by the Commissioner.

Analysis:

Issue 1 - Inclusion of reimbursed expenses in the assessable value of soft drinks:
The case involved appeals by M/s. Goa Bottling Company and Coca Cola India Ltd. regarding the inclusion of expenses reimbursed by Coca Cola India Ltd. in the assessable value of soft drinks manufactured by Goa Bottling Company. The department issued a show cause notice demanding duty and penalties. The appellant argued that the additional consideration received was from the raw material supplier, not the buyer, and hence should not influence the price charged to the buyer. They cited precedents where incentives from raw material suppliers were not added to the assessable value of the final product. The Tribunal found the case aligned with the cited decisions and allowed the appeal of Goa Bottling Company.

Issue 2 - Penalty imposition under Section 11AC and Rule 173Q(2) on M/s. Coca Cola:
Regarding penalty imposition on M/s. Coca Cola under Rule 209A, since no duty was found payable by Goa Bottling Company, the Tribunal concluded that no penalty on Coca Cola was warranted, as the expenses reimbursed were not included in the assessable value of the soft drinks.

Issue 3 - Abetment under Rule 209A for M/s. Coca Cola:
The Tribunal dismissed the abetment appeal under Rule 209A for M/s. Coca Cola, as no duty was deemed payable by Goa Bottling Company, eliminating the basis for imposing any penalty.

Issue 4 - Charging of interest under Section 11AB by the Commissioner:
The department's appeal on the failure to charge interest under Section 11AB was dismissed since the Tribunal held that no duty was required to be paid, rendering the question of charging interest irrelevant. Consequently, all three appeals were disposed of accordingly, with the decisions pronounced in court.