2000 (12) TMI 384 - AT - Central Excise

Summary

Issues:
1. Whether the share borne by dealers in scooter advertisements should be added to the price of scooters for duty assessment.
2. Whether duty is payable for reimbursements made by the manufacturer to dealers for free after-sale services.

Analysis:
1. The dispute revolved around the inclusion of the share borne by dealers in scooter advertisements in the price of scooters for duty assessment. The appellant argued that the cost of advertisement shared between the manufacturer and dealer should not be added to the assessable value for Central Excise duty, citing the precedent set by the decision in Philips India case [1997 (91) E.L.T. 540 (S.C.)]. The appellant contended that duty was paid at a consolidated price, and no deductions were made from this price towards free services. The varying rates of service charges for different towns were neutralized by higher rates in other towns, making no difference to the duty payable.

2. The second issue pertained to duty payment for reimbursements made by the manufacturer to dealers for free after-sale services. The Revenue argued that the reimbursements made did not align with the rates fixed by the manufacturer citywise, resulting in an indirect flow back to the manufacturer. However, the Tribunal noted that during the relevant period, the appellant paid duty on the consolidated price of the scooter without claiming any deductions. Referring to a previous decision in a similar case, the Tribunal held that since duty was paid on the gross price and the cost of free services was reimbursed from that price, no additions were necessary to determine the assessable value. This decision was supported by the Supreme Court judgment in the Philips India case [1997 (91) E.L.T. 540].

3. Based on the above findings, the Tribunal allowed the appeal of the manufacturer, providing consequential relief, and rejected the cross objection of the Revenue. The Tribunal emphasized that the decisions in previous cases supported the appellant's position regarding the inclusion of dealer's share in advertisements and the reimbursements for free services in the assessable value for Central Excise duty. The judgment highlighted the importance of paying duty on the consolidated price and the irrelevance of reimbursements in determining duty liability.