1980 (2) TMI 74 - HC - Central Excise

Summary

Issues:
1. Determination of assessable value for excise duty on aerated waters.
2. Interpretation of deductions permissible under Section 4 of the Central Excises and Salt Act, 1944.
3. Consideration of post-manufacturing expenses for calculating excise duty.
4. Applicability of prior court decisions on similar issues to the current case.
5. Requirement to substantiate claimed deductions with evidence.

Analysis:
1. The Petitioners, manufacturers of aerated waters, challenged the assessment of excise duty by claiming a deduction of Rs. 1.50 per crate of 24 bottles for distribution costs, arguing it should not be included in the assessable value. The authorities allowed deductions for octroi, sales tax, and central excise but rejected the distribution cost deduction, leading to the dispute.

2. The Appellate Collector held that only trade discount and excise duty payable could be deducted under Section 4 of the Act, disallowing the distribution cost deduction claimed by the Petitioners. The Explanation to Section 4 restricted deductions to specific items, leading to the rejection of the Petitioners' appeal against the assessment.

3. The Government of India dismissed the revision application, emphasizing that as freight charges were not separately shown in invoices, no rebate for freight charges was admissible. The decision highlighted the necessity of determining costs attributable to claimed deductions, stating that lack of evidence rendered case laws irrelevant.

4. Referring to a previous court decision on a similar issue, the Division Bench held that post-manufacturing expenses, including freight charges, should be excluded from the assessable value for excise duty calculation. The judgment established that expenses not directly related to manufacturing should not be included in the valuation for excise duty purposes.

5. The court acknowledged the Petitioners' claim that Rs. 1.50 was uniformly charged as freight to wholesalers and retailers but emphasized the need for substantiating this claim with evidence. The court directed a remand to determine the exact amount charged as freight, allowing for the deduction of the determined amount from the assessable value for excise duty calculation.