2007 (1) TMI 45 - AT - Central Excise

Valuation(Central Excise) Demand of duty on freight and insurance charges collected in excess of the actual from their customer by appellant Commissioner(Appeals) after considering detail set aside the demand of duty and allow the appeal

Summary

Issues:
Appeal against Orders-in-Appeal for demand of duty on freight and insurance charges collected in excess of actual from customers.

Analysis:
The appellants challenged the impugned orders where lower authorities demanded duty on excess freight and insurance charges collected from customers. The appellants argued that freight and insurance charges should not be included in the assessable value based on various case laws. They cited multiple decisions supporting their stance, emphasizing that once the ex-factory price is determined, it should be used for assessment without including freight and insurance charges. The appellants contended that the sale is deemed to occur at the factory gate, even if delivery is made to the customer's premises. The learned JDR acknowledged that the issue is well-established in numerous Apex Court decisions.

Upon careful review, it was noted that the appellants manufacture Transformers, and although delivery is made at customer premises as per the contract, the ex-factory price is available. The expenses for transportation and insurance collected separately beyond the factory gate are not to be included in the assessable value for excise duty. The judgment highlighted that even the profit from these activities should not be included, citing the precedent set by the Apex Court in the Baroda Electric Meters case. Consequently, the Tribunal found no merit in the Orders-in-Appeal and allowed the appeals with any necessary consequential relief.

This detailed analysis of the judgment showcases the legal arguments presented by the appellants, the acknowledgment of established legal principles by the learned JDR, and the Tribunal's decision based on the interpretation of the law and relevant precedents.