2005 (3) TMI 218 - AT - Central Excise

Summary

Issues:
1. Assessment of duty on clearances made to Regional Sales Offices.
2. Application of Section 4(1)(a) of the Central Excise Act.
3. Interpretation of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000.

Analysis:
1. The appellants argued that they sell motor vehicles directly from the factory to dealers and Regional Sales Offices, with fixed prices for clearances. They contended that duty was correctly paid based on the sale value to dealers and retail customers. They referenced the Tribunal's decisions in similar cases to support their assessment method.

2. The department, represented by Smt. K.A. Mishra, claimed that duty was demanded on the basis of the price of vehicles sold to retail customers. However, the Tribunal found the department's view to be incorrect based on previous decisions.

3. The Tribunal referred to past cases, including M/s. Avon Tubes Ltd. and M/s. Steel Complex Ltd., where it was established that Section 4 of the Central Excise Act dictates valuation principles. The core principle is that the value should be the price at which the transaction occurs. The Tribunal emphasized that the assessable value should be based on the sale value to dealers at the time of removal from the factory or Regional Sales Offices, rendering the application of Valuation Rules unnecessary. Consequently, the Tribunal set aside the Commissioner (Appeals) order and allowed all the appeals, affirming that the duty paid by the appellant was correct in law.