1995 (11) TMI 222 - AT - Central Excise

Issues Involved:
1. Freight
2. Handling Charges
3. C&FA Remuneration
4. Turnover Tax
5. Interest on Receivables
6. Interest on Finished Goods
7. Bank Charges
8. Special Secondary Packing
9. Quantity Discount
10. Discount for Damages
11. Durable and Returnable Packing

Detailed Analysis:

1. Freight:
The law is settled that freight does not form part of the assessable value, as established by the Supreme Court in the cases of Bombay Tyres International and Government of India v. MRF. The Assistant Collector allowed equalized freight after 24-10-1989, and this was upheld.

2. Handling Charges:
Handling charges incurred for transporting goods from the factory to depots and up to the point of sale were argued to be adjunct to transport charges, which are excludable. However, the Supreme Court in the Bombay Tyres International and MRF cases held that handling charges incurred in maintaining and running depots should be included in the assessable value. This view was accepted, and the Jurisdictional Assistant Collector is to verify the factual situation.

3. C&FA Remuneration:
Disallowed by the Collector (Appeals) on the grounds that these expenses are part of marketing and selling organizations. The appellants did not press this issue further due to the Supreme Court's ruling in the MRF case, which held these elements includible in the assessable value.

4. Turnover Tax:
The Supreme Court in the MRF case clarified that turnover tax should be deducted from the wholesale price to arrive at the assessable value. This contention was accepted, and the deduction was allowed.

5. Interest on Receivables:
The Supreme Court in the MRF case held that interest on receivables is not includible in the assessable value as it is collected due to the time taken in making the payment by up-country wholesale buyers. This was accepted, and the deduction was allowed.

6. Interest on Finished Goods:
Similar to interest on receivables, the Supreme Court in the MRF case held that interest on finished goods is includible in the assessable value. The appellants did not press this issue further.

7. Bank Charges:
Bank charges, akin to interest on receivables, were held by the Tribunal in the Guljag Chemicals and Plastics P. Ltd. case to be post-manufacturing expenses and not includible in the assessable value. This view was accepted, and the deduction was allowed.

8. Special Secondary Packing:
Disallowed on the grounds that the packing was normal and the unit of sale was a carton. The appellants did not press this issue further due to the Supreme Court's ruling in the MRF case.

9. Quantity Discount:
The Supreme Court in the MRF case held that quantity discounts, even if not shown in the invoice, should be deducted if the scheme is known at the time of removal. The factual situation regarding the discount scheme's knowledge by buyers in advance is to be verified by the Jurisdictional Assistant Collector.

10. Discount for Damages:
The Tribunal in the Tungbhadra Industries Ltd. case followed the precedent that discounts for damages, depending on the nature and extent of damage, are admissible. The Jurisdictional Assistant Collector is to examine the factual aspect and decide on a case-by-case basis.

11. Durable and Returnable Packing:
Allowed by the Collector (Appeals) and not raised in other appeals.

Conclusion:
The appeals were disposed of with directions for the Jurisdictional Assistant Collector to verify the factual situations and redetermine the assessable value in light of the Supreme Court's rulings and the Tribunal's observations. The Department's appeals were also disposed of on similar terms. The same elements of cost and submissions applied to the appellant, M/s. Allied Processors, and their appeal was disposed of similarly.

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