2018 (8) TMI 1784 - AT - Central Excise

Valuation - inclusion of transportation charges in the assessable value - place of removal - Held that - The transportation charges beyond the place of removal i.e. factory or depot, the respondents are not liable to pay duty on outward transportation charges and same are not includible in the assessable value - Tribunal in the case of M/s Sharda Ceramics Pvt. Ltd. 2018 (8) TMI 732 - CESTAT NEW DELHI held that the outward transportation charges are not to be includible in the assessable value. Consequently, the respondents are not liable to pay duty on outward transportation charges - appeal dismissed - decided against Revenue.

Summary

Issues:
- Inclusion of transportation charges in assessable value for excisable goods

Analysis:
The appeal revolved around the inclusion of transportation charges in the assessable value of excisable goods. The Revenue challenged the orders of the ld. Commissioner (Appeals) which had dropped the demand against the respondents, asserting that the goods transportation charges should not be considered in the assessable value for transporting goods up to the place of the buyer. The core contention was whether the transportation charges borne by the buyer should be included in the assessable value since the goods were delivered to the buyer's place by the respondents.

The Tribunal examined the facts where the respondents, as manufacturers of excisable goods, cleared the goods from their factory, and the transportation cost post-clearance from the factory gate was covered by the buyers. The Revenue argued that since the goods were delivered to the buyer's place, the transportation charges should be part of the assessable value. Conversely, the respondents contended that as the buyers bore the transportation charges and they did not take Cenvat credit on these charges, they should not be included in the assessable value. Initially, the demand for differential duty on goods transportation charges up to the buyer's place was confirmed, but the ld. Commissioner (Appeals) set aside these orders, leading to the Revenue's appeal.

Referring to the case of CCE Vs. Ultra Tech Cement Ltd., the Tribunal highlighted that post-1.4.2008, manufacturers were not entitled to avail Cenvat credit on transportation charges up to the buyer's place. Since the assessee did not claim Cenvat credit on outward transportation charges, the Tribunal ruled that these charges should not be part of the assessable value. Drawing from previous decisions, the Tribunal emphasized that outward transportation charges beyond the place of removal, i.e., factory or depot, should not attract duty and should not be included in the assessable value. Citing the precedent set by the Tribunal in the case of M/s Sharda Ceramics Pvt. Ltd. Vs. CCE, Jodhpur, the Tribunal concluded that the respondents were not liable to pay duty on outward transportation charges.

Ultimately, the Tribunal found no fault in the impugned orders and upheld them, leading to the dismissal of the Revenue's appeals and the disposal of cross-objections accordingly.