1997 (9) TMI 230 - AT - Central Excise

Summary

Issues:
- Assessment of secondary packing for excisable goods
- Inclusion of cost of secondary packing in assessable value
- Provisional assessment and appeal becoming infructuous

Analysis:

Assessment of secondary packing for excisable goods:
The appeal involved a dispute regarding the secondary packing of cigarettes in corrugated fibre board (CFCs) supplied at the request of wholesale dealers. The appellant argued that CFCs were not essential for the sale of cigarettes and referenced Supreme Court cases to support their position. The Assistant Collector had confirmed the demand based on a show cause notice, while the Collector (Appeals) upheld the decision stating the appeal was infructuous. The Tribunal noted the necessity to reexamine the issue in light of relevant legal precedents.

Inclusion of cost of secondary packing in assessable value:
The Departmental Representative contended that the cost of CFCs should be included in the assessable value as the normal packing of cigarettes included CFCs. However, the appellant argued that CFCs were secondary packing used for safety during transportation and should not be included in the assessable value. Reference was made to a Supreme Court decision regarding the exclusion of packing costs for goods in transit. The Tribunal found that the Collector (Appeals) had not properly considered the matter and directed a fresh examination based on the Supreme Court's observations.

Provisional assessment and appeal becoming infructuous:
The Tribunal observed that the Collector (Appeals) had erred in declaring the appeal infructuous without properly examining the provisional nature of the assessment. It was noted that if the assessment was provisional, the demand should have been set aside. The Tribunal directed the Commissioner (Appeals) to reevaluate the factual position regarding the secondary packing of cigarettes and make a decision in accordance with the legal principles established by the Supreme Court. The appeal was allowed by way of remand for further consideration.