2013 (11) TMI 1470 - AT - Central Excise

Inclusion of cost of advertisement in assessable value Held that - It is not clear as to whether the notional advertisement expenses during finalization of provisional assessment presently under dispute was ascertained for the assessee s own advertisement or the dealer s advertisement - There is no clear quantification of expenses incurred by the various dealers and no material is available in that regard - the demand of duty is not maintainable Decided against Revenue.

Summary

Issues:
1. Confirmation of duty demand and penalty imposition for the period July 02 to March 03.
2. Interpretation of clause 11(k) of the dealers agreement regarding advertisement expenses.
3. Quantification of duty demand based on notional advertisement charges without clear basis.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI involved the confirmation of duty demand and penalty imposition for the period July 02 to March 03 on a manufacturer of tractors and its parts and accessories. The Commissioner (Appeals) had set aside the adjudication order, leading to an appeal. The main contention raised was the inclusion of advertisement costs incurred by dealers in the duty calculation. The Ld. AR argued that the duty was being discharged without considering the dealer's advertisement expenses as per the agreement clause 11(k). On the other hand, the respondent's advocate contested the appeal on both merit and a preliminary issue related to the quantification of duty demand without a clear basis.

Regarding the quantification of duty demand, the Ld. AR stated that the demand was based on notional advertisement charges used in earlier occasions for provisional assessment, which the respondent had accepted. However, the tribunal observed that the impugned order lacked clarity on whether the notional advertisement expenses were for the respondent's own advertisement or the dealer's advertisement. The tribunal noted the absence of clear quantification of expenses incurred by various dealers, highlighting the lack of supporting material. Consequently, the tribunal deemed the demand of duty not sustainable on this preliminary issue, without delving into the appeal's merits, and dismissed the appeal filed by the Revenue.

In conclusion, the judgment emphasized the importance of clear quantification and proper basis for duty demands, especially when considering additional expenses like advertisement charges. The tribunal's decision underscored the necessity for concrete evidence and a transparent calculation methodology to uphold duty demands effectively.