2017 (11) TMI 1244 - AT - Customs

Valuation - freight charges - Revenue entertained a view that the freight incurred is less than what was recovered from their customers and such differential amount is required to be added in the assessable value - Held that - reliance placed in the case of Indian Sugar & General Engg. Corpn. Vs. CCE, Panchkula 2016 (2) TMI 145 - CESTAT NEW DELHI , where it was held that excess freight collected from the customers more than actually incurred will not be includible in the assessable value when goods are sold ex-factory. The freight charges for transportation of the goods to the buyer s premises are shown separately. It is further seen that the freight charges are separately shown in the contract - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the excess freight collected from customers should be included in the assessable value of goods sold ex-factory.

Analysis:
The judgment pertains to a case where the appellant, engaged in manufacturing Tubular Poles and Rectangular Hallow Poles, was clearing goods to customers under contract. The Revenue initiated proceedings against the appellant, alleging that the freight incurred was less than what was recovered from customers, necessitating the addition of the differential amount in the assessable value. The appellant contended that the profit earned on transportation should not be added to the assessable value, citing decisions from higher courts supporting this stance.

The lower authorities upheld the demand, along with interest and penalty, despite the appellant's arguments. However, the appellate tribunal found that the issue had been settled by various decisions, including a recent ruling in the case of Indian Sugar & General Engg. Corpn. vs. CCE, Panchkula-2016. The tribunal referenced the Supreme Court's decision in the case of Indian Oxygen Ltd.-1998 and other Supreme Court judgments to support its conclusion that excess freight collected should not be included in the assessable value when goods are sold ex-factory.

Upon examination of the records, the tribunal noted that the freight charges for transporting goods to the buyer's premises were shown separately and mentioned in the contract. Consequently, the tribunal held that the decisions cited were applicable to the present case. Therefore, the tribunal set aside the impugned order, allowing the appeal and granting consequential relief to the appellant.