1994 (9) TMI 149 - AT - Central Excise

Summary

Issues:
Determining assessable value of paper manufactured by the appellants, dispute over additional trade discount, freight subsidy, and cost of special packing.

Analysis:
The appeal pertains to the determination of the assessable value of paper manufactured by the appellants, arising from an adjudication order by the Assistant Collector of Central Excise. The appellants claimed deductions from the assessable value on certain post-manufacturing expenses in their price lists, leading to a series of legal proceedings, including orders by the Delhi High Court and the Supreme Court. The High Court dismissed the Writ Petition, upholding the Assistant Collector's order. Subsequently, the appellants filed a Special Leave Petition before the Supreme Court, which directed the appellants to file the present appeal before the Tribunal for final adjudication.

In the dispute over additional trade discount, the appellants argued that the discount was permissible based on established practice and supported by a Bombay High Court judgment. They contended that the discount, though not reflected in the invoices, was given through credit notes, as per their policy communicated to dealers. The Tribunal noted the relevance of the Bombay High Court's observations and directed the Assistant Collector to re-assess the duty payable after due verification of the items from the appellants' accounts books.

Regarding the freight subsidy, the appellants claimed that the freight expenses were included in the price at the factory gate to compete in the market. However, evidence of freight credit notes was not presented before the Assistant Collector. The Tribunal directed a re-examination of this issue by the Assistant Collector to determine the inclusion of freight subsidy in the price, emphasizing the need for substantiating evidence.

In the matter of special packing cost, the Tribunal upheld the Assistant Collector's decision, citing the necessity of hessian packing for making the goods marketable. The Tribunal referenced the Supreme Court decision in a similar case and endorsed the Assistant Collector's reasoning. The appellants were granted an opportunity for a fresh assessment by the Assistant Collector on the issues of additional trade discount and freight subsidy, considering the observations of the Bombay High Court and providing a chance for a re-determination of the assessable value in accordance with the law.

In conclusion, the appeal was disposed of with directions for a re-examination of the issues of additional trade discount and freight subsidy, while upholding the disallowance of the cost of special packing by the Assistant Collector. The Tribunal emphasized the importance of substantiating evidence and adherence to legal principles in determining the assessable value.