1982 (6) TMI 57 - HC - Central Excise

Issues Involved:
1. Constitutionality of the definition of "value" in Section 4(4)(d) of the Central Excises and Salt Act, 1944.
2. Alleged contravention of Section 3 of the Central Excises and Salt Act, 1944.
3. Inclusion of the cost of packing in the value of excisable goods.
4. Demand for excise duty on freight and distribution expenses.
5. Nature and returnability of tin and polythene containers.

Issue-wise Detailed Analysis:

1. Constitutionality of the Definition of "Value" in Section 4(4)(d):
The petitioners argued that Section 4(4)(d)(i) of the Act, which includes the cost of packing in the value of excisable goods, is ultra vires the Constitution. They contended that since they do not manufacture the containers but purchase them, the levy of duty on the cost of these containers cannot be considered an excise duty under entry 84, List I, Seventh Schedule of the Constitution. The court rejected this argument, holding that the process of canning the vegetable product is incidental or ancillary to the completion of its manufacture. Thus, the cost of containers is an essential component of the manufacturing cost of the vegetable product, making the definition of "value" constitutional and valid.

2. Alleged Contravention of Section 3 of the Act:
The petitioners contended that Section 4(4)(d) contravenes Section 3 of the Act, which is the "charging section," by including the cost of packing in the value of excisable goods. They argued that Section 3 read with Item 13 of the First Schedule provides for levy of duty on "vegetable products" and not on their packing. The court found no merit in this argument, stating that the manufacture of "vegetable product" includes the process of canning to make it fit for human consumption. Therefore, the cost of packing is an integral part of the value of the excisable goods, and Section 4(4)(d) does not contravene Section 3 of the Act.

3. Inclusion of the Cost of Packing in the Value of Excisable Goods:
The court held that the cost of packing, including containers, is an essential component of the manufacturing cost of the vegetable product. The definition of "manufacture" in Section 2(f) of the Act includes any process incidental or ancillary to the completion of a manufactured product. The court concluded that canning the vegetable product in containers is incidental or ancillary to its completion, making the cost of packing includible in the value of the excisable goods.

4. Demand for Excise Duty on Freight and Distribution Expenses:
The petitioners raised a grievance regarding the alleged demand for excise duty on freight and distribution expenses. The respondents clarified that duty would only be charged on the value of the vegetable products, including the cost of packing, and not on freight and distribution expenses. The court did not delve further into this issue, accepting the respondents' clarification.

5. Nature and Returnability of Tin and Polythene Containers:
The petitioners contended that their containers are of a durable nature and returnable by the buyers, and therefore, their cost should not be included in the value of the excisable goods. The court observed that the question of whether the containers are durable and returnable is a factual one to be decided by the Central Excise authorities. However, the court noted that small containers like those used by the petitioners are generally not durable or returnable. The court left this issue open for determination by the authorities based on evidence.

Conclusion:
The court concluded that the definition of "value" in Section 4(4)(d) of the Act is constitutional and valid. The cost of packing necessary to put excisable goods in a marketable condition is an integral part of their assessable value. Consequently, the three writ petitions were dismissed, and the parties were directed to bear their own costs.

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