1986 (7) TMI 302 - AT - Central Excise

Summary

Issues:
Determining assessable value based on ex-factory sale prices or deducting specific cost elements from destination sale prices.

Analysis:
The judgment pertains to a dispute regarding the assessable value of products for the period from 1-10-1975 to 15-3-1977. The appellant sought two alternatives for determining the assessable value: using ex-factory sale prices or deducting certain cost elements categorized as "actual transportation charges" from destination sale prices. The Appellate Collector had earlier rejected the first alternative and included handling and delivery charges in the assessable value, a decision that was not appealed and became final.

Regarding the second alternative, the Appellate Collector allowed deduction of specific transportation charges made by the appellants, leading to the present appeal. The appellants provided a detailed breakdown of "handling and forwarding charges" to the Assistant Collector, which included various cost elements such as distribution charges, vehicle expenditure, interest on vehicles, depreciation on vehicles, sales promotion expenses, and more.

Upon review, the Tribunal held that certain elements like vehicle expenditure, interest on vehicles, and depreciation on vehicles should be considered as part of transportation costs and allowed for deduction. However, elements like distribution charges, district expenses, and sales promotion expenses were deemed unrelated to actual transport charges and were rejected for deduction. The Tribunal also questioned the clarity of the item "bottle breakages" in terms of its relation to transportation.

Consequently, the appeal was partially allowed only to the extent of allowing deductions for specific cost elements related to transportation, as detailed in paragraph 5 of the judgment. The rejection of other items not directly linked to transportation charges was upheld. The Tribunal directed that consequential relief be granted to the appellants in line with the decision.