2007 (1) TMI 451 - AT - Central Excise

Summary

Issues:
1. Whether transit insurance charges should be added to the assessable value of goods cleared from the factory to various depots.
2. The impact of ownership of goods on the inclusion of transit and insurance charges in the assessable value.

Analysis:

1. The Revenue initiated proceedings against the appellants for adding transit insurance charges in invoices for Paper and Paper Board cleared during a specific period. The Original authority initially dismissed the proceedings since assessments under Section 4 of the Act had been completed without reopening. The Commissioner, citing relevant judgments, ruled that transit insurance charges for post-clearances did not need to be included in the assessable value. However, the Commissioner (Appeals) reversed this decision on departmental appeal.

2. The JDR argued that ownership of goods mattered, and since the appellants did not retain ownership, transit and insurance charges should be part of the assessable value. In response, the Counsel contended that ownership was not a decisive factor for clearance of goods. As long as duty was paid based on the factory gate price, post-clearance charges should not be added to the assessable value. The Counsel referenced a Circular and Supreme Court rulings to support this position.

3. The Tribunal concurred with the Counsel's argument, upholding the Order-in-Original's decision to reject the demands. The Tribunal emphasized that transit insurance charges related to clearances from the factory to depots should not be included in the assessable value, as per precedent judgments. The Tribunal disagreed with the Commissioner (Appeals) who based the inclusion on ownership status, stating that the transfer of property by sale was not the determining factor for excise duty levy. Consequently, the Tribunal allowed the appeal, considering the issue settled and granting appropriate relief.

This judgment clarifies the treatment of transit insurance charges in the assessable value of goods cleared post-manufacturing and highlights the significance of legal precedents and circulars in excise duty matters.