1977 (1) TMI 149 - HC - Central Excise

Summary

Issues Involved:
1. Whether the Regional Sales Offices of the petitioner should be treated as "related persons" u/s 4(3)(c) of the Central Excises and Salt Act, 1944.
2. Whether post-manufacturing expenses should be deducted to determine the assessable value u/s 4 of the Act.

Summary:

Issue 1: Treatment of Regional Sales Offices as "Related Persons"
The petitioner challenged the order dated 1st October 1975, by the Assistant Collector of Central Excise, Jamshedpur, which required the petitioner to furnish price lists treating the Regional Sales Offices as "related persons." The petitioner argued that the Regional Sales Offices were integral parts of its organization and not separate entities. The respondents admitted in their counter affidavit that the Regional Sales Offices are not "related persons." Consequently, the court quashed the order requiring the submission of price lists in Part IV of the Proforma for sales to or through "related persons."

Issue 2: Deduction of Post-Manufacturing Expenses
The petitioner sought to deduct post-manufacturing expenses, such as transport charges and interest charges, from the assessable value for excise duty purposes. The Assistant Collector allowed the deduction of transportation charges but rejected other post-manufacturing expenses. The petitioner argued that excise duty should only be levied on manufacturing cost and profit, citing Supreme Court decisions in A.K. Roy v. Voltas Ltd. and Atic Industries Ltd. v. H.H. Dave. The court agreed, emphasizing that excise duty should be based on the "normal price" at the factory gate, excluding post-manufacturing expenses.

Legal Provisions and Interpretation
The court referred to the amended Section 4 of the Act, which defines "normal price" and the conditions under which it applies. The court noted that Section 4(2) is a residuary section applicable only when the price at the place of removal is unknown, which was not the case here. The court concluded that the "normal price" for the petitioner's vehicles should be the ex-works price, excluding post-manufacturing expenses.

Conclusion
The writ petition was allowed, and the orders treating the Regional Sales Offices as "related persons" and refusing the deduction of post-manufacturing charges were quashed. The respondents were directed to refund the excess excise duty collected from 1st October 1975 onwards. No order as to costs was made.