2000 (1) TMI 358 - AT - Central Excise

Summary

Issues:
Interpretation of agreement - Agency or sale and purchase

Analysis:
The appellant, a manufacturer of acetone, entered into an agreement with Central Acetone for selling its products. The department viewed the agreement as an agency agreement, while the appellant claimed it was a sale and purchase agreement. The disagreement arose over the deduction of commission paid to Central Acetone from the assessable value. The appellant argued that the commission was a discount, while the department contended it was a commission paid to an agent.

The advocate for the appellant argued that the agreement was not an agency agreement but a sale and purchase agreement between principals. He pointed to clauses in the agreement stating that the appellant would not be responsible for the product's quality or quantity after delivery to Central Acetone and that payment would be made upon delivery. However, the Tribunal found that the agreement clearly designated Central Acetone as the sole selling agent of the appellant, with clauses confirming this arrangement and outlining Central Acetone's responsibilities. The 15% commission mentioned in the agreement was deemed as payment for agency services.

The Tribunal rejected the appellant's reliance on legal precedents, noting that the specific clauses in the agreement indicated the true nature of the relationship between the parties. Clauses such as Central Acetone's obligation to sell the appellant's products and bear advertising expenses further supported the conclusion that Central Acetone acted as an agent. The Tribunal also highlighted that the agreement did not involve a direct sale of goods from the appellant to Central Acetone, but rather Central Acetone acted as an intermediary for selling the products.

Ultimately, the Tribunal dismissed the appeal, finding no reason to interfere with the lower authorities' decision. The judgment emphasized the importance of analyzing the specific terms of the agreement to determine the nature of the relationship between the parties, concluding that the agreement was indeed an agency agreement rather than a sale and purchase arrangement.