2009 (2) TMI 605 - AT - Central Excise

Summary

Issues:
Challenge to decision regarding non-inclusion of packing charges in assessable value for excise duty calculation.

Analysis:
The appellants contested the Commissioner (Appeals) decision that they did not include packing charges in the assessable value for excise duty calculation, leading to demands for duty, interest, and penalties. The appellants failed to appear, requesting a decision on merits. The Revenue, represented by the ld. S.D.R., supported the demands based on documentary evidence showing collection of packing charges without duty payment. The Tribunal noted the requirement to include packing charges for excise duty calculation, upholding the Commissioner's decision.

The appellants argued that the costing sheets and documentary evidence demonstrated that the amount per kg did not include packing charges, with a portion allocated to transit insurance. However, the Tribunal found the Commissioner's decision was supported by an audit report indicating the appellants calculated goods supply including packing and freight charges. The Tribunal highlighted the appellants' failure to prove the excess amount collected was not for packing charges, as invoices specifically mentioned amounts for packing. Consequently, the Tribunal rejected the appeals, emphasizing the inclusion of packing charges in the assessable value for excise duty calculation.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision regarding the inclusion of packing charges in the assessable value for excise duty calculation, dismissing the appeals due to the appellants' inability to demonstrate that the excess amount collected was not related to packing charges. The judgment reaffirmed the necessity to consider packing charges for excise duty calculation, based on documentary evidence and audit findings.