1990 (11) TMI 242 - AT - Central Excise

Stay - Inclusion of handling charges, distribution discount, uniform discount and stock clearance discount in the assessable value

Summary

Issues:
Stay Applications covering duty amount, Disallowance of certain items on Price Lists, Handling charges, Distributors discount, Stock clearance discount, Prima facie case for Stay Applications.

Analysis:
The judgment by the Appellate Tribunal CEGAT, Bombay pertains to 18 Stay Applications filed on behalf of the applicants concerning a duty amount of Rs. 41,82,238. The appellant's advocate highlighted that the Asstt. Collector disallowed exclusion of items like handling charges, packing charges, distributors discount, uniform discount, and stock clearance discount from their Price Lists. The advocate argued that handling charges were allowed by the Bombay High Court and Supreme Court, hence cannot be reopened. Regarding distributors discount, it was given due to market conditions, and the discounts known at the time of goods removal should be allowed as per Supreme Court decisions. The respondent contended that handling charges are rightly includible in the assessable value and discounts are not applicable to all types of sales.

In the case of handling charges, the Tribunal found a prima facie case in favor of the appellants based on the Supreme Court judgment, granting unconditional Stay for a specific amount. However, for the remaining balance, detailed consideration of evidence such as agreements and invoices was necessary. The Tribunal directed the applicants to furnish a bank guarantee of Rs. 35 lakhs within 8 weeks, failing which their appeals would be rejected. Upon compliance, the recovery of the total duty amount would be stayed and waived. The judgment emphasizes the need for a thorough examination of evidence and legal points for a comprehensive decision on the remaining amount in question.