2011 (1) TMI 995 - AT - Central Excise

Assessable value - whether the freight charged by assessee from their buyers in respect of goods sold to the latter during the period from October 2001 to July 2002 is liable to be included in the assessable value of the said goods? - Held that - The cost of transportation was shown in the invoices issued to the buyers and the same was recovered from them. Further the duty was paid on the excess freight collected from buyers which would mean that what was sought to be excluded from the assessable value was the freight shown separately in the invoices issued to the buyers to the extent actually incurred. Such deduction was allowed by this Tribunal in the assessee s own case and that decision stands accepted.

Summary

Issues:
1. Inclusion of freight charges in the assessable value of goods sold.
2. Applicability of earlier judgments on similar matters.
3. Consideration of actual cost of transportation in the assessable value.

Analysis:
1. The primary issue in this appeal is whether the freight charged by the respondent from buyers should be included in the assessable value of goods sold. The Tribunal referred to an earlier case involving the same assessee where it was held that such freight charges were not to be included in the assessable value based on the decision of the Hon'ble Supreme Court in the case of Escorts JCB Ltd. The Tribunal noted that the freight was separately shown in the invoices issued to buyers, and any excess freight collected was accounted for in the duty payments. The Tribunal concluded that the freight shown separately in the invoices to buyers should be excluded from the assessable value, following the precedent set in the earlier case.

2. The Tribunal also considered the judgment in Indo Rama Synthetics (I) Ltd. vs. Commissioner of Central Excise, Nagpur, where the deduction of actual cost of transportation from the assessable value was permitted under Rule 5 of the Central Excise Valuation Rules. The Tribunal noted that the cost of transportation was separately shown in the invoices to buyers and was recovered from them. Additionally, duty was paid on any excess freight collected, indicating that only the freight actually incurred was sought to be excluded from the assessable value. The Tribunal found that such deduction was allowed in the assessee's own case and was in line with the Board's circular, leading to the dismissal of the appeal.

3. In summary, the Tribunal upheld the Commissioner's order, ruling that the freight charges separately shown in the invoices to buyers should be excluded from the assessable value of goods sold. The decision was based on the precedent set in earlier cases involving the same assessee and the interpretation of relevant rules and circulars regarding the deduction of actual transportation costs from the assessable value. The appeal was dismissed, and the cross-objection was also disposed of accordingly.