2010 (2) TMI 603 - AT - Central Excise

Assessable value Packing charges - packing is essential for marketing of the goods therefore the value of the same is to be included in the assessable value of the goods - packing provided by the appellant at the request of the whole sale buyers Held that - packing at the request of their buyers for safe transportation of the goods not to be included in AV.

Summary

Issues:
- Appeal against the inclusion of packing cost in the assessable value of goods for clearance outside the local market.

Analysis:
The Appellate Tribunal CESTAT, KOLKATA, consisting of S/Shri S.S. Kang and S.K. Gaule, heard the appeal where the Revenue challenged the order of the Commissioner (Appeals) regarding the inclusion of packing cost in the assessable value of goods. The Commissioner, relying on previous Supreme Court decisions, held that goods cleared in wooden boxes for outside market clearance should not have the packing cost included in the assessable value. The Revenue contended that packing is crucial for marketing and should be part of the assessable value. However, the Tribunal observed that the jute machinery was normally cleared without the specific packing, which was provided only at the buyers' request for safe transportation. Citing the facts, the Tribunal found no issue with the Commissioner's decision and dismissed the appeals, aligning with the Supreme Court decisions referenced.

This judgment primarily revolves around the interpretation of assessable value concerning the inclusion of packing costs for goods cleared outside the local market. The crux of the matter lies in whether the packing provided by the appellant, at the request of buyers, should be considered part of the assessable value. The Tribunal's analysis focused on the necessity and purpose of the packing, emphasizing that it was not a standard practice but a buyer-specific requirement for safe transportation. By referencing the Supreme Court decisions, the Tribunal upheld the Commissioner's ruling, highlighting that the packing cost need not be included in the assessable value in such circumstances.

The key legal principles highlighted in this judgment pertain to the determination of assessable value under excise law. The Tribunal's decision underscores the importance of factual considerations in assessing whether certain costs, such as packing, should be included in the assessable value of goods. By aligning with the precedent set by the Supreme Court cases cited, the Tribunal emphasized the need for a case-specific analysis to determine the inclusion of additional costs in the assessable value. This judgment serves as a reminder of the nuanced approach required in interpreting and applying excise law provisions related to the valuation of goods for tax purposes.