1998 (3) TMI 297 - AT - Central Excise

Summary

Issues:
Appeal against rejection of claim for deductions of freight and other packing expenses from the assessable value; loading and unloading charges, demurrage, and wharfage.

Detailed Analysis:

1. Railway Siding Charges and Other Expenses:
The appellant contended that the railway siding charges are maintenance charges paid to the railway department for maintenance within the factory premises. They argued that charges like demurrage and wharfage, incurred due to delays in loading and unloading, should be deductible based on guidelines from the Supreme Court's Bombay Tyre International case. Similarly, loading and unloading expenses for final products within factory premises were also claimed for deduction.

2. Contention of the Respondent:
The respondent argued that all these charges, including railway siding charges, loading and unloading charges, are done within the factory premises and should be included in the assessable value. The respondent cited the judgment in the case of Govt. of India v. Madras Rubber Factory Ltd. and other cases supporting the inclusion of such charges in the assessable value.

3. Judicial Precedents and Rulings:
The Tribunal noted that charges related to railway siding, demurrage, wharfage, loading, and unloading were all carried out within the factory premises. Referring to various judgments, including SAIL v. CCE and Nichrome Metal Works v. CCE, it was established that charges incurred within the factory premises are not deductible from the assessable value. The Tribunal also relied on the Bombay Tyre International case and other judgments to support the inclusion of these charges in the assessable value.

4. Decision and Dismissal of Appeals:
After considering the submissions and legal precedents, the Tribunal concluded that the charges in question were incurred within the factory premises and therefore should be included in the assessable value. Citing the settled legal position and previous judgments, the Tribunal dismissed the appeals, stating that there was no merit in claiming deductions for these charges.

In conclusion, the Tribunal upheld the decision to include railway siding charges, loading and unloading charges, demurrage, and wharfage in the assessable value, based on established legal principles and precedents, ultimately dismissing the appeals.