1998 (6) TMI 158 - AT - Central Excise

Summary

Issues:
1. Disallowance of distribution expenses as non-admissible abatement in arriving at the assessable value of the products.
2. Allowability of sales tax borne by the company as an admissible abatement in arriving at the assessable value of the products.

Analysis:
1. The appellant appealed against the order rejecting their claim for deductions in distribution charges and sales tax by the Collector of Central Excise (Appeals). The Assistant Collector disallowed the deductions, which was upheld by the Collector (Appeals), leading to the present appeal. The issue of disallowance of distribution expenses as non-admissible abatement was raised. The Tribunal considered the submissions and referred to the MRF judgment, stating that distribution expenses incurred by the appellant at the depot did not qualify for deduction. The Tribunal upheld this decision based on the Supreme Court's ruling in the MRF case.

2. The second issue pertained to the allowability of sales tax borne by the company as an admissible abatement in arriving at the assessable value of the products. The appellant claimed deduction for sales tax paid on finished goods, which the department contested, stating that the amount was received back for reprocessing and hence not borne by the appellant. The Assistant Collector noted that there was no evidence of the sales tax amount being received back by the appellant. The Tribunal decided to remand the matter to the Assistant Commissioner for a fresh decision. The appellant was given the opportunity to provide evidence that they had actually incurred the sales tax liability and had not received a refund. If the appellant could prove this, they would be eligible for the deduction; otherwise, it may be disallowed based on evidence presented.

In conclusion, the Tribunal set aside the impugned order and remanded the matter for a fresh decision, emphasizing the importance of evidence regarding the sales tax liability and refund status. The judgment highlighted the need for clear documentation to support claims for deductions in such cases, ensuring a fair and thorough assessment of the issues involved.