1999 (3) TMI 243 - AT - Central Excise

Summary

Issues:
Assessable value determination based on contract price vs. wholesale market price under Section 4 of the Central Excise Act, 1944.

Analysis:
The case involved an appeal against an Order-in-Appeal regarding the assessable value of medicines manufactured by a company under contract with another entity. The impugned order determined the assessable value based on the wholesale market price at which the buyer sold the products. The appellant argued that the contract price, which was a wholesale price at the factory gate, should be the basis for assessable value. They contended that the sale did not constitute wholesale trade when goods were transferred from the appellant to the buyer. The appellant also disputed the claim that the price was fixed under law, stating that it was a Maximum Retail Price (M.R.P.) and not a price fixed under any law. Reference was made to legal precedents supporting the treatment of contract prices as assessable value and excluding the value of trade names from assessment.

The respondent, on the other hand, argued that the agreement price was merely job charges for manufacturing the product and not the actual assessable value. They highlighted findings from the Collector's Order-in-Original suggesting that the agreement was structured to avoid excise duty. The respondent also pointed out discrepancies in the supply chain, alleging that raw materials were received by the buyer but consigned in the name of the manufacturer. The respondent further claimed that the buyer was the actual owner of the medicines and that the manufacturer acted as a loan licensee.

Upon review, the Tribunal found that the appellant's sale was based on a contractual price, which included all manufacturing costs and profit, and was a commercial relationship with the buyer. As the price was not fixed under any law but mutually agreed upon, it did not fall under the provision of the Central Excise Act relating to prices fixed under law. The Tribunal concluded that the contract price constituted the assessable value as per Section 4(1)(a) of the Central Excise Act, setting aside the impugned order and allowing the appeals in favor of the appellant.