2002 (1) TMI 99 - AT - Central Excise

Summary

Issues:
1. Duty liability imposed by the Commissioner of Central Excise.
2. Admissibility of deductions claimed by the appellant for loss of beverages and discount on aerated water bottles.

Analysis:

1. The appeal challenged the Order-in-Original imposing duty liability of Rs. 10,68,457 by the Commissioner of Central Excise for the period from 1-4-95 to 31-10-95. The appellant, a manufacturer of aerated water, cleared their product to customers through a duty paid godown adjacent to the factory. The dispute centered on deductions claimed by the appellant under various heads, with particular focus on loss of beverages and discounts.

2. The appellant contended that the refusal to allow a deduction of Rs. 13,42,924 for the loss of beverages during transportation was arbitrary and against the law. They argued that such losses were incidental to the transportation cost, citing precedents like the Supreme Court's decision in Bombay Tyres International Ltd. The Departmental Representative, however, argued that such losses were not part of transportation costs, drawing parallels with the Supreme Court's ruling in CCE, Meerut v. Surya Roshni Ltd.

3. The second issue revolved around the claim for deduction towards discounts given by the appellant. The appellant asserted that the discounts provided were in the form of quantity discounts, making them eligible for deduction. However, the Departmental Representative contended that the free supply of bottles of new flavor/size was not a trade discount but rather an expense on sales promotion, citing relevant case law. The Tribunal agreed with the Department, holding that such expenses enhancing marketability were not admissible deductions.

4. Additionally, the appellant argued that the Department had admitted certain deductions as admissible, thereby negating the demand for a differential duty. However, the Tribunal clarified that the Department had only accepted specific deductions, not the entire claimed amount. The appellant's contention regarding the calculation of deductions was dismissed by the Tribunal.

5. Ultimately, after considering the arguments and precedents presented, the Tribunal dismissed the appeal, upholding the Order-in-Original imposing duty liability and denying the deductions claimed by the appellant for loss of beverages and discounts on aerated water bottles.