2012 (11) TMI 965 - AT - Central Excise

Determination of Transaction value - Freight Charges on equalised basis are more than actual charges - Duty demand of Rs. 94,843/- with interest and penalty imposed by making addition of difference in freight charges on actual and equalised basis. Held that - Transaction value being the value at point of removal (factory of assessee) being exclusive of freight charges the inclusion of differential freight charges in the transaction value is not sustainable in law - Appeal is accepted - in favour of assessee.

Summary

Issues involved:
Interpretation of transaction value for Central Excise duty on goods manufactured and sold, inclusion of freight charges in assessable value, applicability of judgments on transaction value determination.

Analysis:
1. The appellant, a manufacturer of transformers, was charged with Central Excise duty due to alleged discrepancies in freight charges on goods sold at the factory gate from 2001-02 to 2003-04. The Department contended that excess freight charges not reflecting actual expenses should not be part of the transaction value, leading to a duty demand upheld by the adjudicating authority and the Commissioner of Central Excise (Appeals).

2. Initially listed for a stay application, the tribunal decided to proceed with final disposal, waiving the pre-deposit requirement with mutual consent for a comprehensive hearing.

3. The appellant's counsel argued that as per Section 4, the transaction value for goods sold at the factory gate should exclude freight charges, whether equalized or actual, citing relevant Supreme Court and Tribunal judgments supporting their stance. They emphasized that the transaction value is the price paid or payable at the factory gate, making the inclusion of differential freight charges incorrect.

4. The Departmental Representative defended the impugned order, asserting that during the disputed period, the assessable value was based on the transaction value under Section 4, justifying the inclusion of differential freight charges.

5. The tribunal analyzed Section 4(i) and the definition of "transaction value," emphasizing that it refers to the actual price paid or payable for goods at the time and place of removal. Considering that the appellant disclosed goods' prices separately from freight charges and applied equalized freight regardless of distance, the tribunal rejected the Department's argument of manipulating transaction value to evade duty. Relying on precedents, the tribunal concluded that including differential freight charges in the transaction value was legally unsustainable, ultimately setting aside the impugned order.

6. Consequently, the appeal was accepted, and the impugned order was overturned, leading to the disposal of the appeal in favor of the appellant.