1993 (9) TMI 241 - AT - Central Excise

Summary

Issues:
- Inclusion of inspection charges in the assessable value of goods manufactured by the appellants.

Detailed Analysis:
1. The appellants, manufacturers of railway points, crossings, and stranded wire, contested the inclusion of inspection charges in the assessable value of their goods. The issue was whether inspection charges at the instance of the buyer, in addition to regular inspection charges incurred by the appellants, should be included in the assessable value. The appellants argued that inspection charges should not be includible.

2. The learned consultant for the appellants cited relevant judgments to support their argument, including cases such as Shree Pipes Ltd. v. Collector of Central Excise. On the other hand, the respondent contended that the inspection in this case was done before the goods were cleared from the factory, distinguishing it from previous cases. The respondent relied on the decision in Union of India v. Bombay Tyre International and Madhavnagar Cotton Mills Ltd. Sangli v. Collector of Central Excise Pune to support their stance.

3. After hearing both sides and examining the facts, the Tribunal found that the goods were inspected by M/s. RITES at the instance of the railways. The Tribunal considered the arguments and judgments cited by both parties. The Tribunal noted that the case law, specifically Shree Pipes Ltd. v. Collector, supported the appellants' position. The Tribunal quoted the relevant portion of the judgment to emphasize that inspection charges conducted by DGS&D at the request of specific customers should not be included in the assessable value of goods.

4. Based on the precedent set by previous judgments and the specific circumstances of the case, the Tribunal ruled in favor of the appellants. The impugned order was set aside, and the appeals were allowed. The revenue authorities were directed to provide consequential relief to the appellants in accordance with the decision.