2007 (7) TMI 23 - AT - Central Excise

Valuation(Central excise) -Appellant contended that assessable value of goods determined on the basis of MRP minus permitted deduction and accordingly pay the duty and demand of duty on alleged extra collection as additional insurance charges not correct - Held that appellant contention was correct and allowed

Summary

Issues:
1. Interpretation of Section 4A of the Central Excise Act regarding excise duty calculation for ceramic glazed tiles.
2. Whether the collection of excess amount in the name of insurance charges constitutes additional consideration for excise duty calculation.
3. Relevance of actual sale price to the dealer under Section 4A.
4. Application of MRP minus permitted deduction for assessing excise duty.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad involved a case where the appellant, a manufacturer of ceramic glazed tiles, had paid excise duty based on the MRP minus the permissible deduction of 45% as per Section 4A of the Central Excise Act. The original authority and Commissioner (A) held that the appellant collected excess amounts in the name of insurance charges, treating it as additional consideration for excise duty calculation, resulting in duty demand, interest, and penalty.

The appellant's advocate argued that under Section 4A, the actual sale price to the dealer is irrelevant, as their products reached customers at the declared MRP prices. The advocate also cited a previous favorable decision related to a similar case. The Tribunal noted that under Section 4A, the actual sale price to the dealer is immaterial, and the assessable value is determined based on MRP minus permitted deduction. Since the appellant paid duty according to these norms, the demand for duty on alleged extra collections in the name of insurance charges was deemed unjustified.

Consequently, the Tribunal allowed the appeal in favor of the appellant, providing consequential relief. The stay petition was also disposed of. The judgment clarified the application of Section 4A for excise duty calculation, emphasizing the importance of MRP minus permitted deduction in determining the assessable value, thereby resolving the issue of additional consideration in the case of excess collections for insurance charges.