1999 (1) TMI 199 - AT - Central Excise

Summary

Issues:
Determining assessable value of medicines manufactured by the appellant, deductions claimed by the assessee, admissibility of cash and quantity discounts, abatement of selling and distribution expenses, abatement of cost of packing, eligibility of deduction for interest on inventories and receivables, deductibility of commission to C&F Agents, nature of service charges to C&F Agents, deduction of secondary packing cost.

Analysis:
1. Assessable Value Determination:
The appeal concerns the determination of the assessable value of medicines manufactured by the appellant. The Asstt. Collector and the Collector of Central Excise (Appeals) allowed some deductions while disallowing others claimed by the assessee.

2. Interest on Inventories and Receivables:
The Supreme Court's decision in the case of Govt. of India v. MRF Ltd. clarified that interest on inventories was not deductible, but interest on receivables was an allowable deduction. The Tribunal upheld this decision, confirming the eligibility of deduction for interest on receivables.

3. Commission to C&F Agents:
The Supreme Court precedent in Coromandal Ltd. v. U.O.I. established that commission paid to selling agents, including C&F Agents, was not deductible from the assessable value. The Tribunal concurred with this ruling.

4. Service Charges to C&F Agents:
The nature of service charges to C&F Agents was unclear in the orders passed by the lower authorities. The matter was remanded to the jurisdictional Asstt. Commissioner for reevaluation after providing the appellants with an opportunity to present their case.

5. Secondary Packing Deduction:
Regarding secondary packing costs, the Tribunal emphasized that the deductibility depended on the quality, nature, and returnable nature of the packing as per agreements or trade practices. The issue was remanded to the jurisdictional Asstt. Commissioner for a fresh decision in accordance with the law.

In conclusion, the Tribunal upheld the disallowance of interest on inventories, approved the deduction for interest on receivables, and rejected the deduction of commission to C&F Agents from the assessable value. The unclear nature of service charges led to a remand for further examination. Similarly, the issue of secondary packing costs was remanded for proper consideration based on the quality and nature of the packing. The appeal was disposed of accordingly.