2014 (7) TMI 229 - AT - Central Excise

Valuation - Inclusion of pre-delivery inspection charges and after sales service charges reimbursed by the respondent to their dealers in the assessable value of the goods sold - Held that - The question of includibility of any amount in the assessable value would arise if that amount is received by the assessee, either directly or indirectly, from the buyer (dealer) in relation to the sale of the goods. In other words, there has to be flow-back from the dealer to the assessee. In the present case, there is no evidence of any such flow-back. On the contrary, it is the assessee who is reimbursing the expenditure to the dealer. In the absence of any flow-back from the dealer to the respondent-assessee, the question of including PDI and after-sale service charges in the assessable value of the goods sold does not arise at all. Therefore, we do not find any infirmity in the orders passed by the lower authorities who have given a clear factual finding that there is no flow-back. - Decided against Revenue.

Summary

Issues:
Inclusion of pre-delivery inspection charges and after sales service charges in the assessable value of goods sold.

Analysis:
The appeal pertains to the inclusion of pre-delivery inspection charges and after sales service charges reimbursed by the respondent to their dealers in the assessable value of goods sold. The Assistant Commissioner initially held that there was no evidence of additional consideration flowing back to the assessee after the sale of vehicles, thus dropping the proceedings. The appellate authority upheld this decision, emphasizing that the charges were reflected as expenses, not income, in the respondent's books, and were reimbursed to dealers from the total price realized. The appellate authority rejected the Revenue's appeal, stating that the duty on these charges had already been paid as part of manufacturing profit. The Revenue relied on Circular No. 643/34/2002-CX to argue for inclusion of these charges in the assessable value.

The Revenue contended that Circular No. 643/34/2002-CX supported including after sales service and pre-delivery inspection charges in the assessable value. However, the respondent argued that as they reimbursed these charges to dealers without any flow-back, they should not be included. The Tribunal observed that for an amount to be included in the assessable value, there must be a flow-back from the dealer to the assessee, which was lacking in this case. As the respondent reimbursed the charges to dealers without any consideration received from them, the Tribunal found no grounds for inclusion. Consequently, the appeal by the Revenue was dismissed, and the cross-objection was disposed of.

In conclusion, the Tribunal upheld the lower authorities' decisions, emphasizing the absence of flow-back from dealers to the respondent. The factual finding was clear that there was no consideration received from dealers, warranting the inclusion of pre-delivery inspection and after sales service charges in the assessable value. The appeal by the Revenue was found to lack merit and was rejected, along with the disposal of the cross-objection.