2014 (10) TMI 301 - AT - Central Excise

Recovery of Central Excise duty - Addition of transportation charges to the assessable value - Board s circular No. 643/34/2002-C.X., dated 1-7-2002 - Held that - Commissioner (Appeals) in the impugned order gave a finding of fact that the transportation charges are separately shown in the invoice. Further we find that there is no evidence on record that the value of the goods is suppressed to the extent the amount of freight is shown. In the absence of such evidence, we find no infirmity in the impugned order - Decided against Revenue.

Summary

Issues:
Central Excise duty recovery with transportation charges included in assessable value; Interpretation of Rule 5 of Central Excise Valuation Rules, 2000 regarding deduction of freight charges shown separately in the invoice.

Analysis:
The case involved the manufacture of explosives by the respondents, who were issued a show-cause notice for recovery of Central Excise duty along with interest, based on adding transportation charges to the assessable value of the goods. The adjudicating authority confirmed the demand and imposed penalties, which were set aside by the Commissioner (Appeals) citing a relevant circular and noting that the ex-works price was separately shown in the invoice.

The Revenue contended that as per Rule 5 of the Central Excise Valuation Rules, 2000, freight charges can only be deducted if separately charged and shown in the invoice. The exclusion of transportation cost is permissible only if shown separately and for the actual cost charged from the buyer. The Revenue argued that the impugned order was unsustainable under this provision.

The Tribunal found that the Commissioner (Appeals) had correctly determined that the transportation charges were separately shown in the invoice. Additionally, there was no evidence to suggest that the value of the goods was suppressed by the amount of freight shown. In the absence of such evidence, the Tribunal upheld the decision of the Commissioner (Appeals) and dismissed the appeal.

In conclusion, the Tribunal's judgment focused on the interpretation of Rule 5 of the Central Excise Valuation Rules, 2000, regarding the deduction of freight charges when shown separately in the invoice. The decision highlighted the importance of proper documentation and evidence to support claims related to the assessable value of goods for Central Excise duty purposes.