1988 (3) TMI 194 - AT - Central Excise

Summary

Issues:
- Assessment of ex-factory sale prices under the Central Excises & Salt Act 1944
- Determination of assessable values based on depot sale prices after deductions

Analysis:
The judgment by the Appellate Tribunal CEGAT, New Delhi involved three appeals with a common issue. The appellants argued that their ex-factory sale prices should be accepted for assessment under the Central Excises & Salt Act 1944, or alternatively, assessable values should be determined based on depot sale prices after deductions. The Tribunal considered the similarity of facts and issues with a previous case and a Government of India order. The Tribunal observed that the appellants' factory was in an interior location, impacting the quantum of goods sold at the factory gate. The Tribunal emphasized the genuineness of ex-factory sales and the existence of a market at the factory gate. It directed the Assistant Collector to reexamine the ex-factory sales to determine their authenticity for assessment purposes.

The department's representative expressed concerns about manufacturers showing artificially low sales at the factory gate while selling most goods at higher depot prices. The Tribunal noted the absence of evidence regarding freight, octroi, and other costs before the lower authorities. It highlighted the Assistant Collector's authority to compare ex-factory sale prices with depot sale prices after deductions to ascertain genuineness. The Tribunal referenced Supreme Court judgments in similar cases to guide the assessment process. It emphasized the need for a thorough comparison to determine the appropriate pricing basis for assessment.

In conclusion, the Tribunal set aside the lower orders and allowed the appeals by remanding the cases. The Assistant Collector was instructed to reevaluate the ex-factory sales, considering the genuineness and comparison with depot sale prices after deductions. The judgment emphasized the importance of a comprehensive assessment process to ensure accurate determination of assessable values.