2010 (1) TMI 825 - AT - Central Excise

Assessable value of the goods sold from depot - appellant paid duty on the price at which the same goods had been sold from the factory gate - Department was of the view that in respect of the goods sold from the depot whether to wholesale buyers or in retail the duty would be payable on the depot price - Held that - lower authorities have adopted the retail price as the assessable value while the dispute relating to the period up to 30th June 2000 should have been decided on the basis of the provisions of Section 4 as it stood during that period and this dispute for respect of period w.e.f. 1-7-2000 should have been decided on the basis of the provisions of the new Section 4 read with Central Excise Valuation Rules 2000 order therefore being not maintainable is set aside and matter is remanded to the original adjudicating authority for de novo decision

Summary

Issues:
Assessable value determination for goods sold from depot, Duty payable on depot price or factory gate price, Application of old Section 4 and new Section 4, Interpretation of Central Excise Valuation Rules, 2000.

Analysis:
The case involved a dispute regarding the assessable value of goods sold from a depot by manufacturers of various machines and elements chargeable to Central Excise Duty. The appellant paid duty on the factory gate sales price for goods sold from the depot, while the Department contended that duty should be payable on the depot price. Four duty demands were confirmed against the appellant, leading to an appeal. The main issue was whether duty should be charged on the retail price or the price to wholesale buyers for goods sold from the depot during the period from July 1999 to September 2001.

The appellant's counsel argued that the valuation should be governed by the new Section 4 effective from July 1, 2000, along with the Central Excise Valuation Rules, 2000. It was highlighted that the Department applied the retail price as the basis for valuation even for the period before July 2000, contrary to the normal price principle. The Department, on the other hand, defended the impugned order based on the Commissioner (Appeals)'s findings.

Upon careful consideration, the Tribunal observed that during the dispute period, duty on goods sold from the depot should have been paid based on the depot price at the time of removal. The judgment emphasized that the duty was to be determined on the basis of the sale price of goods at the depot, whether before or after July 2000. Notably, the assessable value was to be calculated differently under the old Section 4 and the new Section 4, with the latter focusing on transaction value without specifying wholesale trade prices.

Consequently, the impugned order was deemed not maintainable, and the matter was remanded to the original adjudicating authority for a fresh decision in line with the Tribunal's observations. The judgment clarified the correct application of Section 4 and the Central Excise Valuation Rules, 2000, for determining the duty payable on goods sold from the depot, ensuring compliance with the legal provisions governing excisable goods' valuation and duty calculation.