2007 (4) TMI 105 - AT - Central Excise

Valuation(Central excise) - Department contented that 1% of the Invoice value collected by the assessee was an additional consideration and to be added in the assessable value of the goods - Held that department contention was not correct and set aside

Summary

Issues:
Interpretation of an incentive scheme for retailers and its impact on assessable value for Central Excise duty.

Analysis:
The case involved appeals by the Department concerning an incentive scheme for retailers called Vimal Millennium Fortune Scheme (VMFS). The issue revolved around whether the 1% amount collected under VMFS by the respondent should be considered as part of the assessable value for Central Excise duty payment. The original authority viewed the extra amount collected as pertaining to sales promotion, while the Commissioner (Appeals) determined that the amount was for buying gift items on behalf of distributors/agents, not forming part of the assessable value.

During the proceedings, the Department reiterated the original authority's findings and presented a letter from M/s. Pungliya Agency regarding the VMFS scheme. The letter highlighted the need for the scheme to boost sales and requested the collection of 1% of the invoice value for fabrics to cover the cost of providing gift articles. The Tribunal noted that the scheme was initiated by dealers/agents seeking assistance from the respondent's staff to manage and service the scheme. The Tribunal agreed with the Commissioner (Appeals) that if the money received was spent on behalf of dealers and distributors, it could not be considered as additional consideration to the manufacturer.

Ultimately, the Tribunal rejected the Department's appeals, upholding the Commissioner (Appeals)'s decision regarding the treatment of the amount collected under VMFS. The judgment emphasized that the scheme was designed for buying gifts for dealers and distributors, and the funds received for this purpose should not be considered as additional consideration flowing back to the manufacturer. The decision was pronounced in open court, concluding the matter.