2018 (8) TMI 466 - AT - Central Excise

Valuation - after sale from the depot they reimbursed the freight or hamali charges (delivery of goods by rickshaws and manual labourers) incurred by the purchaser for the delivery of excisable goods to the premises of the purchaser and accounted those expenses under the head of other charges - inclusion of such expenses in assessable value - Held that - The Hon ble Supreme Court in the case of Prabhat Zarda Factory Ltd. vs. Commissioner of Central Excise & Anr. 2002 (11) TMI 95 - SUPREME COURT OF INDIA have held that freight charges are to be included in the assessable value up to the sale depot for the purposes of excise duty but where the sale are made from the depot, the freight charges for the purpose of delivery to the customers from the depot, would not be so includable - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Inclusion of 'other charges' in the assessable value for excise duty calculation.
- Applicability of freight or Hamali charges incurred by the purchaser.
- Interpretation of relevant legal precedents regarding assessable value determination.

Analysis:
The case involved a manufacturer of cotton and synthetic yarn under Chapter 52 and 55 of the Central Excise Tariff Act, 1975, who operated through consignment agents. The appellant transferred excisable goods to consignment agents' premises and reimbursed freight or Hamali charges incurred by purchasers for delivery to their premises, accounting these expenses as 'other charges'. Central Excise Officers audited the appellant and issued a Show Cause Notice for alleged non-inclusion of 'other charges' in the assessable value for a specific period. The adjudicating authority confirmed the demand, levied additional excise duty, interest, and imposed a penalty. On appeal, the Commissioner (Appeals) upheld the order, leading to the appeal before the tribunal.

During the proceedings, the appellant argued that Hamali charges were a common practice at the Salem depot, reimbursed by customers for delivery of goods, and were not included in the assessable value as they were post-sale charges. The appellant contended that these charges were transparently recorded in depot invoices and statutory returns, not concealed from the department. The Revenue reiterated its grounds of appeal.

The tribunal referred to the Supreme Court's ruling in Prabhat Zarda Factory Ltd. vs. Commissioner of Central Excise, which clarified that while freight charges up to the sale depot should be included in the assessable value for excise duty, charges for delivery to customers from the depot need not be included. Considering this legal precedent, the tribunal set aside the impugned order, allowing the appellant's appeal. The operative portion of the order was pronounced in the open court, concluding the case in favor of the appellant.