2006 (7) TMI 463 - AT - Central Excise

Summary

Issues:
1. Entitlement to deduction of Rs. 2.50 per crate for equalized recovery of glass bottles in the assessable value of aerated water.

Analysis:
The Appellate Tribunal CESTAT, Mumbai, heard an appeal where the Revenue challenged the order of the Commissioner of Central Excise (Appeals) granting respondents, manufacturers of aerated water, a deduction of Rs. 2.50 per crate for equalized recovery of glass bottles in the assessable value. The respondents collected security deposits and hiring charges for bottles and crates from their dealers and customers. The Tribunal noted that these charges were collected for the use and retention of glass bottles and crates, constituting additional consideration beyond the basic price of aerated water. The respondents failed to provide cost data to substantiate their claim.

The Tribunal referred to Section 4(1)(a) which mandates that the price must be the sole consideration for the sale of goods. Since the bottles case hiring charges were deemed as extra consideration, the deduction of Rs. 2.50 per crate from the assessable value was deemed impermissible. Consequently, the Tribunal set aside the order of the Commissioner and allowed the appeal, thereby reinstating the order-in-original passed by the Assistant Commissioner.

In conclusion, the Tribunal ruled that the additional charges collected by the respondents for glass bottles and crates were not permissible deductions in the assessable value of aerated water as they constituted extra consideration beyond the basic price, as per the provisions of Section 4(1)(a). The decision highlights the importance of adhering to legal requirements in determining assessable values in excise matters, emphasizing that the price should be the sole consideration for the sale of goods to maintain compliance with relevant regulations.