1997 (1) TMI 163 - AT - Central Excise

Summary

Issues Involved:
1. Clearance from Committee of Secretaries
2. Special Discount
3. Siding and Haulage Charges Inside Factory Premises
4. SDF, EGEAF, and JPC Charges

Summary:

1. Clearance from Committee of Secretaries:
Shri M. Ali, JDR, raised an objection that the appellant did not obtain clearance from the Committee of Secretaries as required by the Supreme Court. The Tribunal found that the minutes of the Committee meeting, although referring to different order numbers, actually pertained to the present appeal. Therefore, the objection was overruled.

2. Special Discount:
The appellant, a unit of SAIL, claimed deductions for special discounts granted to sister plants. The Assistant Collector disallowed these deductions, citing that the appellant and sister plants are related persons and the price to independent buyers is the normal price u/s 4(1)(a) of the Central Excise Act, 1944. The Tribunal held that the lower authorities erred in their approach and emphasized the importance of the proviso to Rule 6(b)(i) of the Valuation Rules, which mandates reasonable adjustments considering all relevant factors. The Tribunal set aside the disallowance and directed the lower authority to decide the matter afresh.

3. Siding and Haulage Charges Inside Factory Premises:
The appellant argued that charges collected for hauling goods inside the factory should be considered part of transportation charges deductible u/s 4(2) of the Act. The Tribunal, however, upheld the lower authorities' decision, stating that the cost of transportation from the railway siding up to the boundary or exit point of the factory premises cannot be deducted in arriving at the assessable value.

4. SDF, EGEAF, and JPC Charges:
The appellant contended that these charges, collected and remitted to the JPC as per statutory requirements, should not be included in the assessable value. The Tribunal agreed, citing various judicial precedents, and held that these charges are not part of the consideration or price and cannot be added to determine the assessable value.

Conclusion:
(a) The Tribunal set aside the finding that special discount cannot be deducted and directed the lower authority to decide the matter afresh.
(b) The Tribunal confirmed the finding regarding siding and haulage charges inside the factory premises.
(c) The Tribunal set aside the finding regarding SDF, EGEAF, and JPC charges, holding that they cannot be included in the assessable value.