1997 (12) TMI 368 - AT - Central Excise

Summary

Issues:
1. Whether there can be more than one assessable value for goods sold to buyers belonging to the same class.
2. Whether differences in prices based on geographical factors and commercial considerations are permissible.

Analysis:
The appellant, a manufacturer of electric fans, sold goods to wholesale dealers from different depots at varying prices. The department sought to enhance the value of goods sold from four specific depots, alleging that there should be only one assessable value for goods sold to buyers of the same class. The appellant argued that different prices for the same class of buyers in different areas, based on commercial considerations and geographical factors, are permissible. The appellant cited various precedents to support this argument, emphasizing that differences in prices were due to factors like Sales Tax, Octroi, and entry tax. The department contended that the reasons for price differences were not adequately substantiated and that terms like "geographical considerations" were vague and lacked meaning. The Tribunal acknowledged that a manufacturer can have different prices and assessable values for the same class of buyers based on commercial considerations. However, the Tribunal found the reasons provided by the appellant for the price variances in this case, such as varying local taxes and geographical factors, to be insufficient to justify the differences. The Tribunal highlighted that non-commercial considerations cannot be the basis for price differentials. Despite the lack of clarity on the specific factors influencing the prices, the Tribunal concluded that the concept of having more than one assessable price for the same class of buyers is acceptable. Therefore, the Tribunal allowed the appeal and set aside the department's order enhancing the value of goods sold from the four depots.