2016 (1) TMI 687 - AT - Central Excise

Factory gate sale - Transaction value - whether the sale of goods was completed at the factory gate in order to consider the transaction value as per invoices? - demand on account of the transportation and insurance charges which were not shown separately in the invoice in term of Rule 5 of the Central Excise Valuation Rules 2000 - Held that - As find from the purchase order that the freight charges are to the buyer s account. Merely because these are not mentioned separately is no reason to conclude that sale is not complete at the factory gate. In this case the goods were to be delivered at the place of the buyer and it is only at that place that the acceptance of supplies was to be affected. In the present case circumstances are different. Revenue has not been able to show that the sale did not take place at the factory gate. - Decided in favour of assessee

Summary

Issues:
- Valuation of excisable goods under Rule 5 of the Central Excise Valuation Rules, 2000.
- Determination of sale completion at the factory gate.
- Separate invoicing of transportation and insurance charges.

Analysis:

Issue 1: Valuation of excisable goods under Rule 5
The appellant appealed against the demand of &8377; 53,13,522/- by the Commissioner confirming transportation and insurance charges not shown separately in the invoice as per Rule 5 of the Central Excise Valuation Rules, 2000. The Revenue contended that valuation should be done under Section 4(1)(b) read with Valuation Rules, emphasizing the need for transportation charges to be shown separately in the invoice. The Tribunal noted that the purchase order indicated the buyer's responsibility for freight and insurance costs, even though not separately mentioned. The Tribunal disagreed with the Commissioner's reasoning that separate recovery of transportation charges implied sale completion not at the factory gate. The Tribunal highlighted that the law exempts duty on transportation charges borne by buyers and emphasized the significance of the purchase order stating "To our Account."

Issue 2: Determination of sale completion at the factory gate
The key question was whether the sale was completed at the factory gate to consider the transaction value as per invoices. The Tribunal observed that the Commissioner did not conclusively determine the sale's location. The Tribunal disagreed with the Commissioner's reasoning that separate recovery of transportation charges indicated sale completion elsewhere, emphasizing that the sale could still be at the factory gate despite the separate invoicing of transportation costs. The Tribunal referenced specific case laws to support its decision and differentiated the circumstances from a Supreme Court judgment where goods were to be delivered at the buyer's place.

Issue 3: Separate invoicing of transportation and insurance charges
The Tribunal emphasized the importance of not paying duty on transportation charges borne by buyers, as reflected in the purchase order stating "To our Account." The Tribunal rejected the Revenue's argument that separate invoicing of transportation costs indicated sale completion elsewhere, highlighting that the sale could still be considered at the factory gate. The Tribunal set aside the impugned order and allowed the appeal, emphasizing the significance of the purchase order terms and the absence of evidence showing sale completion elsewhere.

In conclusion, the Tribunal's judgment focused on the proper valuation of excisable goods under Rule 5, the determination of sale completion at the factory gate, and the significance of separate invoicing of transportation and insurance charges in compliance with the Central Excise Valuation Rules.