2013 (2) TMI 592 - AT - Central Excise

Valuation - Inclusion in assessable value - Whether the cost of label supplied by the customers is to be included in the assessable value of the plastic containers - labels receive free of cost from their customers - Held that - Following the decision in case of JAUSS POLYMERS LTD. (2003 (9) TMI 87 - SUPREME COURT OF INDIA) that if the manufacturer asks the customer to bring his own container and does not charge anything therefor, packing cost cannot be added to the price at which the goods are sold by the manufacturer - Decides against Revenue.

Summary

Issues involved: Whether the cost of labels supplied by customers should be included in the assessable value of plastic containers manufactured by the respondent.

Analysis:

1. The main issue in this appeal pertains to determining whether the cost of labels supplied by customers should be added to the assessable value of plastic containers manufactured by the respondent. The Revenue argues that since the labels were provided free of cost by customers and affixed to the containers before being sold, their value should be included in the assessable value of the final products. The Revenue relies on a previous decision of the Hon'ble Supreme Court in the case of Burn Standard Co Ltd. vs Union of India. However, the Tribunal notes that a similar issue was already addressed by the Hon'ble Supreme Court in the case of Jauss Polymers Ltd. vs CCE, Meerut, where it was held that the cost of labels provided by customers should not be included in the assessable value of the manufactured goods. Citing the precedent set by the Jauss Polymers case, the Tribunal finds no error in the impugned order and consequently dismisses the appeal.

2. The Tribunal highlights that the specific issue of including the cost of labels supplied by customers in the assessable value of manufactured goods was already settled by the Hon'ble Supreme Court in the Jauss Polymers case. Since the decision in Jauss Polymers directly addresses the matter at hand, the Tribunal upholds the lower court's ruling and rejects the Revenue's argument based on the Burn Standard Co Ltd. case. By aligning with the precedent established in Jauss Polymers, the Tribunal ensures consistency in the interpretation and application of relevant legal principles in similar cases.

3. In the absence of representation from the respondent, the Tribunal proceeds with the appeal and cross objections based on the arguments presented by the Revenue. The Tribunal's decision to rely on the Jauss Polymers case underscores the importance of judicial precedents in guiding the resolution of legal disputes and ensuring uniformity in the application of tax laws. By adhering to established legal principles and relevant court decisions, the Tribunal maintains the integrity and coherence of the legal framework governing the inclusion of costs in the assessable value of manufactured goods.

4. The Tribunal concludes by dismissing the appeal and disposing of the cross objections in accordance with the principles established in the Jauss Polymers case. The decision reflects a consistent application of legal interpretations and upholds the precedence set by higher courts, reinforcing the importance of judicial decisions in shaping the outcomes of tax-related disputes. The Tribunal's adherence to established legal precedents serves to promote clarity, predictability, and fairness in the resolution of similar issues in the future.