2017 (11) TMI 1242 - AT - Central Excise

Valuation - section 4 or section 4A of CEA - HLL as part of marketing promotion intended to give 400 ml pack of Vanilla Gold Ice-cream along with 500 ml/750 ml of Sundae - Revenue s case is that Vanilla Gold Ice-cream should also should suffer duty under Section 4A and not under Section 4 - Held that - Admittedly the goods cleared by the appellants are in retail sale packs intended for retail consumers through their client HLL. They have discharged correct duty on the printed MRP on such retail packs. The fact that there are certain free supplies along with frozen dessert in the form of vanilla gold ice-cream does not change valuation of such products for duty purpose - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Differential duty on Vanilla Gold Ice-cream under Section 4A or Section 4.
2. Applicability of Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

Analysis:
1. The appeal challenged the order demanding differential duty on Vanilla Gold Ice-cream, contending that the duty was correctly paid under Section 4 based on the MRP value and transaction with the client. The appellant argued that the MRP printed on the retail packs covered the free supply items as well, citing the Supreme Court's ruling in Himalaya Drug Company case. The appellant maintained they acted in good faith by paying duty as required, even though they disagreed with the demand. The Revenue claimed the Vanilla Gold Ice-cream should also be taxed under Section 4A, not Section 4, due to the free offer with Sundae desserts. The lower authorities upheld the demand, calculating the differential duty based on the perceived discrepancy between the actual payment for the free pack and the MRP value that should have been applied.

2. The appellant's counsel relied on the Supreme Court's decision in the Himalaya Drug Company case to argue against the Revenue's proposal to vary the MRP value for duty calculation. The Tribunal noted that the goods were sold in retail packs to consumers through the client, with correct duty paid on the printed MRP. Despite the free Vanilla Gold Ice-cream offer, the valuation for duty purposes should not change if the MRP covers all items, as per the Supreme Court's interpretation of Section 4. The Tribunal found the Revenue's proposal to alter the MRP legally untenable, emphasizing that the MRP affixed on the packs was appropriate for retail consumers. Consequently, the Tribunal set aside the impugned order, aligning with the Supreme Court's precedent and ruling in favor of the appellant.

This detailed analysis of the judgment outlines the issues raised, the arguments presented by both parties, and the Tribunal's reasoning leading to the final decision.