2012 (3) TMI 363 - AT - Central Excise

Valuation - Inclusion of advertisement expenses in assessable value - Held that - There is nothing unusual about the sole selling agent incurring advertising expenditure to promote his business. Such advertisement expenses cannot form part of the assessable value of the goods manufactured by the respondents. In the facts of the case, the sole selling agent is incurring such expenditure from his profit margin. - This is not a case where manufacturer is asking for any deduction from consideration realized by them for the reason that the expense is incurred for advertising the product. - Decided against Revenue.

Summary

Issues:
- Whether advertisement expenses incurred by the sole selling agent should be included in the assessable value of goods cleared by the manufacturer.

Analysis:
1. The case involved a dispute regarding the inclusion of advertisement expenses incurred by a sole selling agent in the assessable value of goods manufactured by the respondents. The Revenue argued that the expenses should be included based on the decision of the Hon'ble Supreme Court in the case of Bombay Tyre International Ltd.

2. The adjudicating authority confirmed the demand for duty, but the Commissioner (Appeals) disagreed with the Revenue's argument and set aside the demand. The Revenue then filed an appeal challenging the Commissioner's decision.

3. The Revenue contended that the sole selling agent was the main selling agent of the respondents, and since two Directors were common for both companies, the expenses incurred by the sole selling agent should be part of the assessable value of the goods.

4. On the other hand, the respondents argued that the decision in Bombay Tyre International Ltd. is applicable only when the manufacturer incurs advertisement expenses, not the sole selling agent. They emphasized that the sole selling agent was promoting its own business interest and not reimbursed by the manufacturer.

5. The Tribunal analyzed the arguments and concluded that there was no basis to include the advertisement expenses of the sole selling agent in the assessable value of the goods. They highlighted that the sole selling agent was using its profit margin for advertising, and the decision in Bombay Tyre International Ltd. does not mandate including all expenses of a sole selling agent in the value of goods.

6. Ultimately, the Tribunal upheld the order of the Commissioner (Appeals) and dismissed the appeal filed by the Revenue, stating that the advertisement expenses incurred by the sole selling agent should not be considered in the assessable value of the goods.