2017 (8) TMI 151 - AT - Central Excise

Valuation - advertisement expenses - includibility - Held that - Admittedly, the expenses have been incurred by the appellant themselves and they have been debited in their Profit and Loss account and no part of these expenses have been recovered from the buyers - the assessable value declared by the appellant is correct and these expenses have already formed of the part of assessable value - appeal allowed - decided in favor of appellant.

Summary

Issues:
Demand on account of advertisement expenses added to assessable value of goods.

Analysis:
The appellant, engaged in manufacturing Iron Castings for Automobile/Tractor manufacturers, had expenses on Diwali gifts, New Year gifts, and sponsorship of events. The Revenue contended these expenses should be included in the assessable value. The appellant argued that as the expenses were not recovered from buyers and were already part of the Profit and Loss account, they should not be added to the assessable value. The Tribunal had to decide if these expenses should be included in the assessable value.

The Tribunal noted that the appellant had incurred the expenses themselves, debited them in their Profit and Loss account, and did not recover any part from buyers. As a result, the assessable value declared by the appellant was correct, and the expenses had already formed part of it. The Tribunal found the Revenue's allegation unsustainable and set aside the impugned order, allowing the appeal with consequential relief.

In conclusion, the Tribunal ruled in favor of the appellant, stating that the expenses on advertisement etc. incurred by them were not includable in the assessable value of goods. The decision was based on the fact that the expenses had been borne by the appellant, debited in their accounts, and not recovered from buyers, thus already forming part of the assessable value.