1999 (2) TMI 161 - AT - Central Excise

Summary

Issues:
- Inclusion of testing charges in the assessable value for levy of Central Excise duty.
- Whether charges for destruction testing should be added to the value of the product ordered by the customer.
- Applicability of case law in determining the includibility of optional testing charges in the assessable value.

Analysis:

Issue 1: Inclusion of Testing Charges in Assessable Value
The appellants, manufacturers of Transmission Line Tower parts, filed price lists for approval of assessable value for Central Excise duty. The Asstt. Collector ordered that testing charges should be included in the assessable value, leading to duty demands. The Collector (Appeals) upheld the adjudication orders. The appellants argued that testing charges for 'destruction testing' were not includible as they did not enhance the value of the product. The Senior Advocate relied on Supreme Court decisions stating that optional charges cannot be included in the assessable value. The Tribunal considered previous cases and held that testing charges conducted at the customer's request should not be included in the assessable value, thus allowing the appeals.

Issue 2: Addition of Charges for Destruction Testing
The question was whether the cost of erecting model transmission towers for destruction testing should be added to the value of the product ordered by the customer. The JDR argued that such tests enriched the value of the product and were part of the manufacturing cost. The Tribunal found that the tests were a pre-condition for sale and enhanced the product's quality, justifying the inclusion of charges in the assessable value.

Issue 3: Applicability of Case Law
The Tribunal cited previous decisions where additional testing charges at the customer's request were not included in the assessable value. Following the established case law, the Tribunal ruled in favor of the appellants, allowing the appeals based on the non-includibility of optional testing charges in the assessable value. As the appeals were allowed on this ground, the Tribunal did not address the other issue raised by the appellants.

In conclusion, the judgment by the Appellate Tribunal CEGAT, New Delhi addressed the issues of including testing charges in the assessable value for Central Excise duty, the addition of charges for destruction testing to the product's value, and the applicability of case law in determining the includibility of optional testing charges. The Tribunal ruled in favor of the appellants, highlighting that charges for testing conducted at the customer's request should not be part of the assessable value, leading to the allowance of the appeals.