2004 (1) TMI 263 - AT - Central Excise

Summary

Issues:
1. Inclusion of transportation charges in the assessable value for excise duty calculation.

Detailed Analysis:
The case involved the transportation of products from a registered warehouse to various depots during a specific period. The appellants paid duty based on the assessable value at the warehouse. However, a show cause notice was issued proposing a demand for duty on transportation costs incurred for moving the goods to the depots. The original adjudicating authority and the Commissioner (Appeals) upheld the demand, leading to the present appeal.

The appellants argued that the prices of petroleum products are governed by the Administrative Price Mechanism, which includes the national railway freight in the assessable value. They contended that the transportation charges for extraordinary situations were not recovered from buyers due to the pricing mechanism. The appellants bore these charges themselves, and thus, they should not be included in the assessable value for excise duty calculation.

The Commissioner (Appeals) had held that transportation charges from the warehouse to different depots should be included in the assessable value as per the amended Section 4, regardless of whether the charges were recovered from customers. However, the Tribunal referred to a previous case involving Gas Authority of India Ltd., where it was established that assessable values should be based on prices fixed by the Oil Co-ordination Committee under the Administrative Price Mechanism. Since the appellants received the same prices from customers and could not vary them, the Tribunal concluded that there was no justification for adding transportation charges to the assessable value when not recovered from buyers. Consequently, the impugned order was set aside, and the appeal was allowed with relief to the appellants.