1990 (8) TMI 148 - HC - Central Excise

Summary

Issues:
Assessment of excisable goods under Tariff Item No. 13, exclusion of packing cost, returnability of tin containers, dispute over assessable value, interpretation of Section 4 of the Central Excises & Salt Act, 1944.

Analysis:
The judgment pertains to a Public Limited Company engaged in manufacturing Vanaspati and refined oil assessable under Tariff Item No. 13. The company packed its products in 18 litres tin containers and issued a circular in 1978 stating the containers were durable and returnable, offering a refund of Rs. 7.65 per tin. The company deducted the container costs from the assessable value of its products, leading to a dispute with the Superintendent of Central Excise. The Superintendent demanded evidence of returnability, which the company claimed to have in the form of returned containers. The company argued that the circular constituted an agreement with stockists for container return. The court considered the Supreme Court's ruling that the actual return or extent of return is irrelevant in determining the exclusion of packing costs under Section 4 of the Act.

The court accepted the company's argument that the actual cost incurred for the tin containers should be considered, not just the promised refund amount. It directed the Superintendent to determine the actual value of the tin containers when they left the factory and exclude this value from the assessable value of the products. The judgment partially favored the company, quashing the Superintendent's order and restraining any demand for differential duty. The Superintendent was instructed to calculate and refund the differential duty paid by the company, with the bank guarantee to be discharged by the end of December 1990. The company was directed to provide evidence of the tin containers' value at the time of leaving the factory for the refund calculation.

In conclusion, the judgment clarified the interpretation of Section 4 regarding the exclusion of packing costs for durable and returnable containers. It emphasized the need for evidence of actual container value and upheld the company's right to deduct such costs from the assessable value. The court's decision aimed to resolve the dispute over the assessable value of the products and ensure the company received the appropriate refund for the duty paid.