2006 (7) TMI 86 - AT - Central Excise

Valuation (Central Excise) Department alleged that the optional warranty charges collected from customers are not includible in assessable value and accordingly demand for differential duty Authority after considering all factor allow the appeal.

Summary

Issues:
Whether optional warranty charges collected by the assessee are includible in the assessable value of cars for the purpose of levying central excise duty.

Analysis:
The appellants, engaged in manufacturing motor vehicles, sell cars to dealers with mandatory warranty charges included in the sale consideration. Customers have the option to purchase an extended warranty for 2 years, with only about 15% opting for it. The department alleged that optional warranty charges were not included in the assessable value of cars, leading to show cause notices for levy of differential duty and penalties for specific periods.

In response, the counsel for the assessee relied on a previous Tribunal decision involving Maruti Udyog Ltd., where it was held that optional warranty charges should not be included in the assessable value. The Tribunal noted that the first sale of cars was to dealers, and duty was discharged based on that transaction value inclusive of normal warranty. The extended warranty was considered a separate agreement between buyers and the manufacturer, with no direct connection to the sale of cars to dealers. As the first buyer did not make any payment towards the extended warranty, it was deemed a distinct business transaction.

Considering the identical nature of the transactions in the present case and the Maruti Udyog case, the Tribunal upheld the earlier decision. It concluded that the optional warranty charges collected by the assessee should not be included in the assessable value of cars for central excise duty purposes. Consequently, the impugned orders were set aside, and the appeals were allowed.

The judgment, delivered by Member (J), provides clarity on the treatment of optional warranty charges in the assessable value of manufactured goods for central excise duty purposes. By referencing and following a previous Tribunal decision, the Tribunal established a consistent interpretation of the law regarding such charges in the context of motor vehicle sales.