2000 (6) TMI 58 - AT - Central Excise

Summary

Issues:
1. Determination of assessable value based on sales at factory gate and depots.
2. Methodology adopted by the department for fixing the assessable value.
3. Validity of considering the price at factory gate as the normal price for assessment.

Analysis:
1. The appellants, engaged in manufacturing batteries, torches, and bulbs, sell products at both the factory gate and various depots. The department alleged that goods were sold at higher prices at depots, resulting in 7% to 18% more revenue than factory gate prices. Show cause notices were issued for re-fixing the normal value of goods sold. The appellants contended that excise duty should be levied based on the ex-factory price, with depot expenses deducted. The adjudicating authority rejected these arguments, leading to an appeal which was dismissed. The matter was remitted to the Assistant Collector by the Tribunal for reassessment based on observations. The manufacturer appealed to the Supreme Court, which allowed the appeal and restored the case to the Tribunal for fresh disposal.

2. The department's methodology involved adding the difference between depot and factory gate prices to the ex-factory price to determine the assessable value. This approach was deemed erroneous by the Tribunal as it lacked legal support. The authorities' contention that distribution expenses and interest on depot inventory should enrich the factory gate value was rejected. The Tribunal emphasized that if ex-factory sales were genuine, the price fetched should be considered the normal price for assessment. The department's method of working back from depot prices to assessable value was deemed unwarranted by law, especially when no doubts were raised on the genuineness of factory gate sales.

3. Relying on legal precedents, including decisions in A.K. Roy v. Voltas Ltd. and Indian Aluminium Cables Ltd. v. CCE, the Tribunal highlighted that the quantum of goods sold at the factory gate is irrelevant if those sales are genuine. The percentage of sales at the factory gate does not impact the determination of the normal price. In this case, where 3% of goods were sold at the factory gate, with no evidence of price manipulation, the Tribunal held that duty assessment should be based on the normal price established at the factory gate. Consequently, the appeals were allowed, and the demands made under the impugned orders were quashed.