2007 (2) TMI 90 - AT - Central Excise

Stay/Dispensation of pre-deposit Alleged that sale promotion expenses includible in the assessable value of the goods manufactured by appellant and accordingly demand were made alongwith penalty Held that allegation was not correct

Summary

Issues:
Challenge to order of Commissioner (Appeals) demanding duty and penalty on sale promotion expenses incurred by the appellant.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi pertains to an appeal filed by the applicant against the order of the Commissioner (Appeals) dated 30-10-2006. The impugned order demanded duty of Rs. 80,426/- and imposed a penalty of Rs. 10,000/- on the appellant. The expenses incurred by the appellant on various items like gift items, dry fruits, silver articles, participation in events such as Moscow International Motor Show, Conference of Indian Industry, and auto Expo, 2006 at Delhi, totaling Rs. 4,92,808/- were treated as sale promotion expenses. These expenses were considered includible in the assessable value of the goods supplied by the appellant to the original equipment manufacturers under contract.

The appellant argued that since they were supplying directly to the original equipment manufacturers, they were not required to undertake any sale promotion schemes to attract customers. The counsel for the appellant contended that such expenses were automatically included in the contract price negotiated with the manufacturers, and any additional levy on these expenses would be unjust. The Tribunal, prima facie, agreed with this argument, noting that there was no evidence of price manipulation by the appellant towards their contracting buyers. The expenses, categorized as publicity expenses in the show cause notice, included goodwill expenses and participation in conferences, which were integral to the business operations of the appellant. Therefore, the Tribunal found merit in the appellant's case for a total waiver of the duty and penalty imposed on them, leading to the disposal of the application in their favor.

The judgment concluded by stating that the appeal would proceed for final hearing in due course, with the decision being dictated and pronounced in the open court. The Tribunal's decision to waive the duty and penalty was based on the rationale that the expenses incurred by the appellant were justifiable business expenses and should not be considered as additional assessable value for the goods supplied. The judgment reflects a fair assessment of the appellant's argument regarding the inclusion of sale promotion expenses in the assessable value, ultimately resulting in a favorable outcome for the appellant in this appeal before the CESTAT, New Delhi.