1982 (4) TMI 71 - HC - Central Excise

Valuation - Cost of raw material supplied by customer includible in the manufacturing cost of resultant article

Summary

Issues:
Assessment of excise duty on the wholesale cash price of storage batteries.

Detailed Analysis:

1. Background of the Case:
The appeal was filed by the Central Excise authorities against a judgment that made absolute the Rule Nisi issued on the application of the respondent company under Article 226 of the Constitution. The dispute revolved around the assessment of excise duty on the wholesale cash price of storage batteries supplied to the South Eastern Railway.

2. Contractual Arrangements:
Initially, a contract was signed in 1970 for the supply of electric storage batteries with the Railway providing old containers, leading to a fixed price per battery with a rebate. Subsequently, in 1971, the contract was amended to include the supply of lead acid as well, resulting in a further rebate on the battery price.

3. Excise Duty Assessment:
The Excise authority assessed excise duty on the battery price minus the rebates provided. Show cause notices were issued to the respondent to pay the difference in excise duty based on the contention that the batteries were undervalued due to the rebates provided by the Railway.

4. Legal Proceedings:
The Assistant Collector of Central Excise directed the respondent to pay the differential duty, which was challenged by the respondent in appeals to the Appellate Collector. The Government of India, in a revisionary capacity, set aside the Appellate Collector's orders and upheld the assessment of excise duty.

5. Court's Decision:
The respondent filed a writ petition challenging the Government of India's decision. The learned Judge held that the cost of containers and lead acid supplied by the Railway should not be included in the manufacturing cost for excise duty assessment. However, the High Court, in its judgment, disagreed with this view and allowed the appeal, setting aside the earlier judgment and upholding the excise duty assessment based on the total price of the batteries.

6. Conclusion:
The High Court ruled that the cost of containers and lead acid provided by the Railway should be considered in the manufacturing cost of the batteries, and the excise duty should be levied accordingly. The judgment of the learned Judge was set aside, the writ petition was dismissed, and the appeal was allowed.

7. Costs:
The High Court made no order as to costs in this matter.