2010 (7) TMI 699 - AT - Central Excise

Deduction from the assessable value - Exclusion freight expenses from the place of removal to the place of delivery - Rule 5 of the Central Excise Valuation Rules, 2000 - Held that - assessee failed to provide the details viz. purchase orders and copy of GIR to verify the claim - Rule 5 of Central Excise Valuation Rules what is permissible for deduction for determining the assessable value is the actual amount of freight from the place of removal to the place of delivery and not any amount arbitrarily claimed to be the freight expenses. - decided against the assessee. Invoice price / transaction value inclusive of freight - equalized freight - appellant s invoices do not mention the freight expenses separately and the appellant claims that the invoice price includes the freight charged on equalized basis from place of removal to the place of delivery, the burden of proving that the invoice price includes the freight expenses and its quantum would be on the appellant, but in this case no evidence in support of this claim of the appellant has been produced by them. - Claim of deduction of freight rejected. Deduction of courier charges - Held that the courier charges for sending the invoice and bank documents cannot be said to be the charges by the reason of or in connection with the sale of the goods and hence the Commissioner (Appeals) s order disallowing their exclusion from the assessable value is not correct and is liable to be set aside - Claim of deduction of courier charges allowed.

Summary

Issues:
1. Exclusion of freight expenses from the assessable value for sales to Government departments.
2. Deduction of equalized freight expenses for sales where the invoice price includes freight charges.
3. Exclusion of courier charges from the assessable value for despatching sales documents.

Analysis:

Issue 1 - Exclusion of Freight Expenses for Sales to Government Departments:
The appellant contested the Commissioner (Appeals)'s decision disallowing the exclusion of freight expenses from the assessable value for sales to Government departments. The appellant argued that as per Rule 5 of the Central Excise Valuation Rules, 2000, the assessable value should exclude the actual cost of transportation from the place of removal to the place of delivery if the cost is charged to the buyer and shown separately in the invoice. However, the Commissioner (Appeals) found that the appellant failed to provide evidence to verify the claimed freight expenses for most invoices. The Tribunal upheld the Commissioner (Appeals)'s decision, stating that only actual freight expenses from the place of removal to the place of delivery can be deducted for determining the assessable value.

Issue 2 - Deduction of Equalized Freight Expenses:
Regarding the deduction of equalized freight expenses for sales where the invoice price includes freight charges, the appellant argued that the invoice price already incorporates the freight expenses on an equalized basis. However, the Tribunal emphasized that the burden of proof lies with the appellant to show that the invoice price includes such charges. As the appellant failed to provide evidence supporting this claim, the Tribunal agreed with the Commissioner (Appeals) in disallowing the deduction of freight expenses in these cases.

Issue 3 - Exclusion of Courier Charges:
The third issue pertained to the exclusion of courier charges from the assessable value for despatching sales documents. The appellant contended that these charges are not related to the sale of goods and should be excluded. The Tribunal referred to Section 4(3)(d) of the Central Excise Act, which defines transaction value as the price actually paid for the goods. The Tribunal agreed with the appellant, stating that courier charges for sending sales documents are not connected to the sale of goods and should be excluded from the assessable value. Therefore, the Commissioner (Appeals)'s decision to disallow the exclusion of courier charges was set aside.

In conclusion, the Tribunal partly allowed the appeal, upholding the Commissioner (Appeals)'s decision on freight expenses for sales to Government departments and equalized freight expenses, but setting aside the decision on excluding courier charges from the assessable value.