1995 (10) TMI 90 - AT - Central Excise

Summary

Issues:
1. Inclusion of cost of outer packing in assessable value.
2. Method of computation of value and deduction of excise duty.
3. Application of Section 11A of the Act regarding recovery of duties.

Issue 1: Inclusion of cost of outer packing in assessable value:
The case involved a manufacturer of batteries and torches challenging the assessment of excise duty on the value including the cost of outer packing. The manufacturer argued that the cost of corrugated cartons should not be included based on previous court decisions. The tribunal analyzed the test from previous cases, emphasizing that the cost of packing necessary for selling goods in the wholesale market should be included. The tribunal found that the outer packing was necessary for the wholesale trade and should be included in the assessable value.

Issue 2: Method of computation of value and deduction of excise duty:
The tribunal addressed the method of computation of value and the deduction of excise duty. The manufacturer contended that the excise duty payable on the outer packing material should have been deducted from the assessable value. The tribunal agreed with this contention, stating that the excise duty payable on the goods should be deducted from the value, which the Collector failed to do. The tribunal emphasized that the question is whether excise duty is payable on the goods, regardless of whether it was collected from customers.

Issue 3: Application of Section 11A of the Act regarding recovery of duties:
In one of the appeals, the tribunal considered the application of Section 11A of the Act concerning the recovery of duties not levied or paid. The Collector alleged that the manufacturer omitted details about packing in price lists and records, invoking the proviso under Section 11A(1) due to wilful suppression of facts. The tribunal disagreed, finding no defect in the documents and holding that the proviso was wrongly invoked. The appeals were disposed of by setting aside one order, modifying another to deduct excise duty on outer packing, and confirming other aspects of the orders in question.

This judgment clarifies the principles governing the inclusion of packing costs in the assessable value for excise duty assessment and highlights the importance of correctly computing the value and deducting applicable excise duty amounts.