1985 (7) TMI 106 - HC - Central Excise

Summary

Issues:
1. Proper hearing not given to the petitioner.
2. Inclusion of charges in the assessable value.
3. Interpretation of Section 4 of the Central Excises and Salt Act, 1944.
4. Application of Supreme Court judgments in similar cases.
5. Consideration of special packing and forwarding charges in assessable value determination.

Analysis:

The petitioner, a glass manufacturer, challenged an ex parte order passed by the Assistant Collector of Central Excise, alleging improper hearing. The petitioner contended that charges for special packing and transportation should not be included in the assessable value. The Court noted that valuation under Section 4(1)(a) of the Act is based on the normal price at the time and place of removal. The petitioner argued that special packing provided at the request of outstation buyers should not be included, citing a Supreme Court judgment. The Court agreed, emphasizing that costs beyond primary packing at the factory gate need not be included unless a normal feature of wholesale trade.

Referring to a Supreme Court case, the Court highlighted that charges for additional packing, if optional and not a normal wholesale trade feature, should be excluded from the assessable value. Another judgment from the Bombay High Court supported excluding costs of special secondary packing for goods sold at the factory gate. The Court concurred, asserting that charges like forwarding and special packing, if separate from primary packing, should not be part of the assessable value.

In conclusion, the Court quashed the impugned order and remanded the case for further investigation by the Assistant Collector, directing a fresh order in line with legal principles. The Court emphasized that assessable value should be determined based on wholesale prices at the time and place of goods removal, excluding charges beyond primary packing. The Rule was disposed of with no costs awarded.