1995 (10) TMI 135 - AT - Central Excise

Summary

Issues:
1. Determination of ex-factory price for ignition coils sold by the assessee.
2. Whether two specific concerns are related persons.
3. Assessment of assessable value based on ex-factory price.
4. Interpretation of the remand order by the authorities.
5. Validity of extra discount given to main dealers.

Analysis:

1. The dispute in the appeal revolved around establishing the ex-factory price for ignition coils sold by the assessee during 1979-80. The assessee sold goods to two sets of entities at different discounts: 35% to two main concerns and 25% to smaller dealers at depots. Initially, the authorities considered the main concerns as related persons and assessed the value based on the discount available to smaller dealers. However, the Tribunal set aside this finding and remitted the case to the Assistant Collector for a fresh assessment.

2. The Tribunal's remand order specifically highlighted the discounts granted to the main concerns and raised the question of whether these sales should be treated as ex-factory prices. The Tribunal emphasized the need to determine the ex-factory price for all sales, including those to depots and distributors. Referring to a previous case, the Tribunal emphasized that an ascertainable ex-factory price should be the basis for value determination under the relevant Act.

3. Following the remand, the Assistant Collector issued a show cause notice and concluded that the price charged at depots (25% discount) should be considered the ex-factory price. However, the Collector (Appeals) viewed the extra discount to main dealers as discriminatory. Both authorities failed to correctly interpret the Tribunal's direction to determine the ex-factory price as the basis for valuation.

4. The Tribunal observed that the authorities did not properly understand its directive to ascertain the ex-factory price, which should be adopted for valuation. The records indicated two types of sales: one at the factory gate to main dealers at a 35% discount and another to smaller dealers at depots with a 25% discount. As the main dealers were no longer considered related persons, the price list submitted by the assessee showed that the factory gate price was the list price less 35%. Therefore, this factory gate price should be used for valuation purposes for all manufactured goods.

5. The Tribunal allowed the appeal, emphasizing that the factory gate price charged to the main dealers should be considered the ex-factory price for valuation, based on the observations and directions in the remand order. The Tribunal upheld the validity of offering different discounts to various dealers and concluded that the extra discount given to main dealers did not render the pricing discriminatory.