2002 (4) TMI 88 - HC - Central Excise

Summary

Issues:
1. Whether excise duty is payable on plastic items manufactured by the petitioner.
2. Determination of proper value for excise duty calculation.
3. Validity of expenses claimed by the petitioner for excise duty calculation.
4. Compliance with circulars issued by the Central Government for post-manufacturing expenses.
5. Reconsideration of the matter in light of the decision of the Apex Court in Union of India & Ors. v. Bombay Tyre International Ltd. & Ors.

Analysis:
The writ petition before the High Court of Delhi raised the issue of whether excise duty is payable on plastic items manufactured by the petitioner, specifically concerning the determination of the proper value for excise duty calculation. The petitioner had been paying excise duty on the price of the manufactured goods inclusive of all post-manufacturing expenses, claiming it was done by mistake, resulting in an overpayment of a substantial amount. The petitioner argued that as per the decision of the Apex Court, only the manufacturing cost along with the manufacturer's profit should be considered for duty calculation. The petitioner submitted price lists under Section 4(1)(a) of the Act, including post-manufacturer costs and profits in the prices listed in column 11. However, a notice was issued by the respondent questioning the claimed discounts and asking for justification for the prices declared in the price list.

In response to the notice, the petitioner contended that post-manufacturing expenses should be determined based on parameters set by circulars issued by the Central Government, especially considering the percentage of sales made at the factory gate versus sales offices. The petitioner highlighted a decision of the Apex Court in Union of India & Ors. v. Bombay Tyre International Ltd. & Ors., which emphasized the inclusion of expenses contributing to the value of the article up to the date of sale, particularly when sales are made at the factory gate. The Court, in line with the Apex Court's decision, directed the matter to be reconsidered by the Assistant Collector, taking into account the principles outlined in the Bombay Tyre case for determining the assessable value for excise duty calculation.

Overall, the judgment focused on interpreting the provisions of the Central Excises and Salt Act, 1944, in light of the Apex Court's decision, emphasizing the inclusion of expenses that enhance the value of the article up to the point of sale, especially when sales are made at the factory gate. The Court directed a reassessment of the matter by the Assistant Collector to ensure compliance with the legal principles established by the Apex Court.