2008 (1) TMI 76 - AT - Central Excise

Adopted lower prices for clearance to depots, for the same goods compared to the prices at which they were available at the factory gate - at the factory gate there have been sales to independent buyers under contract - When there is a sale, the sale price can be ignored only if there is relationship between seller and buyers, receiving additional consideration - in the absence of relationship established between assessee & their buyers who are stated to be group companies, S.P. is acceptable

Summary

Issues:
- Appeal against the order of the Commissioner (Appeals) regarding the valuation of goods sold at factory gate and through depots.
- Determination of normal price for goods sold at depots and factory gate for different periods.
- Application of principles of valuation for goods transferred to other units within the same group.
- Interpretation of the concept of sale and consideration in the context of inter unit transfers.

Analysis:
1. The appeal by the Department challenged the order of the Commissioner (Appeals) regarding the valuation of goods sold by the respondents at the factory gate and through their depots. The Original Authority had dropped a demand of Rs.2,76,43,950/-, stating that prices were determined based on commercial considerations and goods were sold at declared prices from depots. However, subsequent proceedings led to a re-evaluation of the normal price for goods sold from depots and factory gate for different periods.

2. The Commissioner (Appeals) differentiated between the periods before and after 28-9-1996, considering the depot as a place of removal for the latter period. He directed the Original Authority to rework the demand for goods sold from depots before 28-9-1996 based on the normal price at the factory gate. The Department appealed this decision, citing judgments from the Hon'ble Supreme Court to support their argument on the assessment of goods for inter unit transfers.

3. The Tribunal analyzed the submissions and upheld the Commissioner (Appeals)'s findings. They emphasized that for the period before 28-9-1996, valuation should be based on the price at the factory gate since the depot was not specified as a place of removal. The Tribunal agreed with the Commissioner (Appeals) that the transactions with group companies constituted sales at the factory gate, and without evidence of additional considerations, the sale price should be accepted. They rejected the Department's appeal, affirming the valuation principles applied by the Commissioner (Appeals) in the case.

This detailed analysis of the judgment provides insights into the issues raised, the arguments presented, and the final decision rendered by the Appellate Tribunal CESTAT, Ahmedabad, highlighting the legal reasoning behind the valuation of goods sold at different locations and to related entities within the same group.