2011 (1) TMI 539 - AT - Central Excise

MRP based valuation - refundable deposits - inclusion in value - section 4A - Reliance on certificate issued by Chartered Accountant (CA certificate) - whether the refundable deposits collected by the assessee (respondent) through their dealers from the ultimate consumers of Bisleri water packed in 5 litres and 20 litres containers were liable to be included in the MRP under Section 4A for the purpose of levy of Central Excise duty during the period from January, 2000 to April, 2001 - Board s Circular No. 697/13/2003 dated 27-2-2003 - The remand order passed by this bench was not to be understood as a green signal for blindly accepting the Chartered Accountant s certificates - should have been read with the applicable provisions of law and the facts and circumstances of the case - Appeal is allowed by way of remand to Commissioner

Summary

Issues:
1. Valuation issue regarding refundable deposits collected by the assessee.
2. Implementation of Board's circular on cost of reusable containers.
3. Adequacy of Commissioner's decision based on Chartered Accountant's certificates.
4. Application of Section 14A of the Central Excise Act, 1944.

Analysis:

Issue 1 - Valuation Issue:
The appeal involved a valuation issue concerning refundable deposits collected by the assessee from consumers of 'Bisleri' water. The bench noted a circular clarifying that the cost of reusable containers should be amortized and included in the product's cost. The previous order remanded the case for fresh decision based on this circular.

Issue 2 - Board's Circular Implementation:
The Board's circular emphasized that the cost of reusable containers should be included in the transaction value of excisable goods. The bench found that the Commissioner did not implement the circular's spirit in the present case. The Chartered Accountant's certificates indicated the amortization of container costs in the product's MRP, but there was no independent verification by the Commissioner.

Issue 3 - Commissioner's Decision and Certificates:
The Commissioner's order was based on Chartered Accountant's certificates, concluding that the container costs were included in the product's MRP. However, there was no evidence of independent verification of these certificates. The bench emphasized the need for the Commissioner to verify the facts before accepting the certificates blindly.

Issue 4 - Application of Section 14A:
Both parties agreed on the applicability of Section 14A of the Act to the case. The bench highlighted that the remand order did not imply blind acceptance of the certificates but required consideration of applicable provisions and factual circumstances. The appeals were allowed for remand, instructing the Commissioner to pass fresh orders after proper verification and giving the assessee a fair hearing opportunity.

The judgment highlighted the importance of thorough verification of facts, especially in cases involving valuation issues and compliance with circulars. It emphasized the Commissioner's duty to ensure compliance with relevant provisions and conduct proper audits before making decisions based on certificates.