2003 (1) TMI 220 - AT - Central Excise

Summary

Issues: Whether the assessee is entitled to deduction of interest on receivables and bank charges while determining the assessable value of excisable goods.

Analysis:
1. The appeal was filed by the assessee against the order passed by the Commissioner (Appeals) raising two issues: deduction of interest on receivables and bank charges. However, during the hearing, it was clarified that the claim on bank charges was not made for the relevant period, focusing the discussion solely on interest on receivables.

2. The Commissioner (Appeals) disallowed the abatement of interest on receivables, stating that the interest was not charged above the sale price of the goods, which was a crucial factor in determining the assessable value.

3. The appellant relied on the Supreme Court judgment in Government of India v. Madras Rubber Factory Ltd., emphasizing that interest on delayed payments should be deducted from the value of goods sold on credit. The appellant followed a specific procedure where the interest loss was considered and added to the price structure for the subsequent year, claiming abatement for assessing the value.

4. The Departmental Representative argued that unless the invoices explicitly showed the collection of interest for delayed payments, the precedent set by the Madras Rubber Factory case could not be applied. The representative referred to Board letters and circulars clarifying the treatment of interest on delayed payments in valuation provisions.

5. The Tribunal found that the appellant did not provide evidence of any agreement regarding interest-free credit periods or the obligation to pay interest on delayed payments. Since there was no indication of charging interest over and above the price in the invoices, the Tribunal concluded that the appellant's approach did not align with the requirements for claiming abatement as per the Madras Rubber Factory case. The Tribunal upheld the Commissioner (Appeals) order, noting the lack of grounds for interference and dismissing the appeal.

In conclusion, the Tribunal's decision centered on the interpretation of the relevant legal principles and the specific facts of the case, ultimately leading to the dismissal of the appeal regarding the deduction of interest on receivables for determining the assessable value of excisable goods.