1993 (3) TMI 117 - HC - Central Excise

Summary

Issues Involved:
1. Transport Expenses
2. Cost of Secondary, Durable, and Returnable Packing
3. Trade Discounts

Detailed Analysis:

1. Transport Expenses:
The petitioners argued that under Section 4(2) of the Central Excises and Salt Act, 1944, the cost of transportation from the place of removal to the place of delivery should be excluded from the price for excise duty purposes. The Assistant Collector granted a deduction for the transportation of aerated water bottles but denied deductions for the cost of the delivery department, which includes activities such as bringing back empty bottles and unsold duty-paid bottles. The petitioners relied on the Supreme Court's decision in Indian Oxygen Ltd. v. Collector of C.E., which held that delivery and collection charges should be excluded from the assessable value as they are not part of the manufacturing activity. The Court agreed with the petitioners, stating that the cost of transport, including the return of empty and unutilized full bottles, should be deducted from the value of the goods for excise duty purposes.

2. Cost of Secondary, Durable, and Returnable Packing:
The petitioners supplied aerated water bottles in crates, which were durable and returnable. They claimed repair charges for these crates as deductible expenses. Section 4(d)(i) of the Central Excises and Salt Act allows the exclusion of the cost of durable and returnable packing from the value of the goods. The Assistant Collector disallowed this claim, arguing that the wholesale price did not include the cost of such crates. The Court found that the Assistant Collector's findings were based on non-application of mind and lacked any basis. The Court noted that the crates were indeed returnable and the cost should be deducted from the wholesale price.

3. Trade Discounts:
The petitioners claimed deductions for trade discounts given to both credit and cash customers. The Assistant Collector disallowed these claims, especially for credit customers, on the grounds that the percentage of trade discount was not shown in the invoices and varied from customer to customer. The Court found that the Assistant Collector failed to apply the relevant provisions of law, particularly the Supreme Court's judgment in Bombay Tyres International, which allows for trade discounts to be deducted if they are known at or prior to the removal of the goods. For cash customers, the Court upheld the Assistant Collector's decision, stating that the petitioners failed to show that the discount was known to the customers at the time of removal of the goods.

Conclusion:
The matter was remanded to the Assistant Collector for re-evaluation of:
- The transport costs to be deducted from the value of the goods.
- The value of secondary, durable, and returnable packing to be deducted.
- The amount of trade discount granted to credit customers to be deducted.

The Assistant Collector was instructed to allow the petitioners to produce any additional required material within six weeks and to finalize the adjudication within twelve weeks. The Court also left the matter of refunds to be decided by the Assistant Collector in accordance with the law. The rule was made absolute with no orders as to costs.