2004 (11) TMI 238 - AT - Central Excise

Summary

Issues:
1. Inclusion of freight/transportation charges in the assessable value as per Rule 5 of the Central Excise Valuation Rules, 2000.

Detailed Analysis:
The appeal before the Appellate Tribunal CESTAT, Bangalore challenged the Order-in-Appeal passed by the Commissioner of Central Excise (Appeals-II), Bangalore, regarding the inclusion of transportation charges in the assessable value. The main issue was whether transportation charges, collected through debit notes but not shown in the invoices, should be considered as part of the assessable value as per Rule 5 of the Valuation Rules.

The appellant argued that excise duty is imposed on the manufacture or production and not on transportation charges. They contended that the transportation charges need not be included in the assessable value as long as the factory gate price is available to independent buyers. The appellant also highlighted that any violation of Rule 5 should be considered procedural and not a basis for levying excise duty on transportation charges.

On the other hand, the Department reiterated the position taken by the Commissioner (Appeals) regarding the inclusion of transportation charges in the assessable value.

After considering the arguments presented, the Tribunal agreed with the appellant's stance. They held that excise duty is imposed on the manufacture itself, not on transportation charges. The Tribunal emphasized that when the factory gate price is accessible, the valuation rules, including Rule 5, should not be applied. They referenced a previous decision to support their ruling, emphasizing that demanding duty on transportation charges not included in the invoices is legally incorrect. As a result, the Tribunal allowed the appeal, providing consequential relief to the appellant.

In conclusion, the Tribunal's decision clarified that transportation charges need not be included in the assessable value when the factory gate price is available, as excise duty is imposed on the manufacture rather than on transportation charges. The ruling emphasized the importance of adhering to legal principles and highlighted the inapplicability of valuation rules in cases where the factory gate price suffices for determining the assessable value.