2013 (12) TMI 982 - AT - Central Excise

Nexus between consideration recovered from gift and sale of the goods cleared Held that - It is inconceivable how a gift is a realizable sale transferring of the property in the goods - Adjudication has not brought out the nexus how recovery from the gift items was an additional consideration flown to the appellant and such value of consideration was deflated amount of sale price of excisable goods cleared - In the absence of nexus, it is not possible to uphold the adjudication order Decided against Revenue.

Summary

Issues: Allegation of recovery from wholesalers and retailers for advertisement expenses without nexus to sale of goods.

The judgment pertains to a case where a show cause notice alleged that certain gift items were supplied to wholesalers, showrooms, and retailers for sale promotion purposes, and a part of the amount was recovered from them towards advertisement expenses. The Commissioner found no nexus between the consideration recovered from the gifts and the sale of the goods. The Revenue appealed against this conclusion, contending that the appellate authority's decision prejudiced them.

Upon hearing both sides and examining the grievance mentioned in the adjudication order, the Tribunal observed that the adjudicating authority failed to justify how there was a reduction in the assessable value due to the supply of gift items and recovery of part of their cost. The Tribunal noted the inconsistency in the authority's stance, as they classified the items as gifts while also acknowledging a recovery of part of their price. This inconsistency raised doubts about whether the gifts were truly given without any consideration transferring property rights. The Tribunal emphasized the lack of evidence establishing a direct link between the recovery from the gift items and any additional consideration to the appellant, which could impact the sale price of the excisable goods. Due to this absence of a clear nexus, the Tribunal concluded that the adjudication order could not be upheld, leading to the dismissal of the Revenue's appeal.

In summary, the judgment highlights the importance of establishing a direct connection or nexus between any recovered amounts related to promotional activities and the actual sale of goods. Without such a link, it becomes challenging to support claims of assessable value reduction or additional consideration affecting the sale price. The Tribunal's decision emphasizes the need for coherence and evidence in determining the impact of recovered expenses on the overall valuation of goods, ultimately resulting in the dismissal of the Revenue's appeal in this case.