2005 (1) TMI 232 - AT - Central Excise

Summary

Issues:
1. Determination of related persons for the purpose of levy of duty.
2. Inclusion of advertisement and promotional expenses in the assessable value.

Analysis:
1. The appeal arose from a proceeding where the Revenue considered two entities, the appellant and M/s. Murkumbi Bio-Agro Pvt. Ltd (MBAPL), to be related persons. The Assistant Commissioner initially dropped the proceedings, holding that they are not related. The Commissioner (Appeals) upheld this finding. The appellant contested the levy of duty on advertisement and promotional expenses incurred by MBAPL, arguing that they were not related and the Commissioner (Appeals) exceeded the scope of the show cause notice. The Tribunal referred to previous rulings to support the appellant's contention, emphasizing that the expenses were not incurred on behalf of the appellant by MBAPL.

2. The Tribunal carefully considered all materials, including the show cause notice, and concluded that the advertisement and promotional expenses should not be added to the assessable value. This decision was based on the finding that the appellant and MBAPL were not related persons. The Tribunal highlighted that the expenses were not incurred on behalf of the appellant by MBAPL, as they were independent units. Citing previous judgments, the Tribunal determined that there was no nexus between the expenses and the transaction value of the appellant. Therefore, the Tribunal accepted the appellant's plea and allowed the appeal, ordering accordingly.