2009 (6) TMI 834 - AT - Central Excise

Summary

Issues involved: Assessment of abnormal packing charges and financial charges in relation to assessable value.

Assessment of abnormal packing charges:
The appellant argued that abnormal packing charges not normal in nature should not be included in the assessable value. They highlighted that repacking was done to remove unusable goods from usable goods, known to the department from consignment agent agreements. The appellant contended that such repacking charges, being separate and not relatable to the price fixed, should not contribute to the assessable value. The Tribunal found that the revenue failed to provide specific instances or allegations regarding the nature of repacking, leading to the conclusion that the charges for repacking were not sustainable and should not form part of the assessable value. The Tribunal emphasized the importance of specific allegations in the show cause notice (SCN) to grant the appellant an opportunity to defend against charges.

Assessment of financial charges:
Regarding financial charges, the appellant argued that such charges, made for peculiar reasons and circumstances to cover financial losses, should not be attributable to the assessable value. The Tribunal noted that the SCN did not demonstrate how the financial charges were related to the removal of excisable goods or had any nexus to the assessable value. In the absence of a clear allegation establishing the nexus between financial charges and assessable value, the Tribunal held that the appellant should succeed in excluding the financial charges from the assessable value. Consequently, the appeal was allowed, and the impugned order was set aside based on the lack of evidence linking the financial charges to the assessable value.