2004 (10) TMI 134 - AT - Central Excise

Summary

Issues:
1. Inclusion of transport charges in the assessable value of goods manufactured.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved the question of whether transport charges collected by M/s. Dalmia Biscuits Pvt. Ltd. should be considered in the assessable value of the goods they manufactured. Central Excise Officers discovered that the company was charging freight at 6% of the assessable value from customers, which was not factored into the assessable value of the final products. A show cause notice was issued to recover duty on the excess freight collected. The Additional Commissioner did not confirm the duty based on previous Supreme Court decisions. However, the Commissioner (Appeals) upheld the duty demand, stating that the excess freight collected was essentially a flow-back of money and should be included in the assessable value, citing the decision in Bihar Caustic & Chemicals Ltd. v. C.C.E. The Tribunal, in agreement with the appellant's advocate, held that excise duty is on the manufacture of goods, not on the profit from transportation charges. They emphasized that the duty is based on the wholesale price at the factory gate, and transportation charges should not be added to this value. Referring to previous Supreme Court judgments, the Tribunal concluded that any profit from transport activities should not be part of the assessable value. They set aside the Commissioner (Appeals) decision and allowed the appeal.

This detailed analysis of the judgment highlights the key legal arguments and precedents considered by the Appellate Tribunal CESTAT, New Delhi in resolving the issue of including transport charges in the assessable value of manufactured goods.