1997 (11) TMI 158 - AT - Central Excise

Summary

Issues:
1. Whether testing charges on account of third party's inspection at customers' cost are includible in the assessable value.
2. Whether inspection charges incurred on account of inspection should have been included in the assessable value of the goods.

Analysis:

The case involves a dispute where the Respondent, engaged in the manufacture of excisable products, had filed a price list approved by the Assistant Collector for certain goods. Subsequently, it was found that additional testing charges were collected by the Respondent apart from the approved price list. The Assistant Collector filed an application before the Collector (Appeals) to include these charges in the assessable value, but the Collector (Appeals) rejected the application. The main issue raised in the appeal was whether these testing charges should be included in the assessable value of the goods.

The Appellate Tribunal considered the arguments presented by the Department, emphasizing that testing charges for third party inspection at customers' cost should be part of the manufacturing cost and included in the assessable value. The Department contended that even if the inspection charges were borne by the buyer, they should still be included in the assessable value as they were essential for ensuring quality and safety. The Tribunal examined the purchase order placed by the Vikram Sarabhai Space Centre, which specified that approved third party inspection charges would be extra. The Tribunal noted that any third party inspection carried out at the instance of institutional or government departments would be additional and not part of the regular manufacturing process.

Referring to a previous decision in Shree Pipes Ltd. v. C.C.E., the Tribunal held that optional testing charges carried out at the instance of buyers were not includible in the assessable value. The Tribunal upheld the decision of the Collector (Appeals) based on the precedent set by the earlier case, stating that the same principle applied in the present case. Therefore, the Tribunal dismissed the appeal filed by the Department, affirming that the testing charges in question were not includible in the assessable value of the goods.