2013 (9) TMI 132 - AT - Central Excise

Determinant of Sale Price - Inclusion of compensation in the Gross value - It was on the basis of certain contractual terms agreed by the parties - For deviation to fulfil contractual terms, the compensation attributable to that influences price - Held that - Prima facie it appeared that the receipt in the garbs of compensation forms part of transaction value in terms of Section 4 of the Central Excise Act, 1944 - The adjudication finding and the agreement throws light that equity price linked measure adopted by both sides for their defence was moot point shall be looked into elaborately in the cause for regular hearing. Stay Application Waiver of Pre-deposit - Assesse had not been able to make out a prima-facie case in their favor 40 lakhs were ordered to be submitted as pre-deposit relying upon RAVI GUPTA Versus COMMISSIONER OF SALES TAX, DELHI 2009 (3) TMI 200 - SUPREME COURT OF INDIA - Assesse s submission was that calling for 10% of the duty demand towards deposit shall serve the purpose of exercise of the right of appeal - But Revenue shall be prejudiced, if such meagre amount when our dissatisfaction expressed above come out from the reading of record itself including show cause notice Stay Granted partly. Member (Technical) was also of the same opinion but the reasoning derived by them was different therefore he recorded the separate order.

Summary

Issues:
1. Consideration of equity linked compensation in transaction value for taxation.
2. Interpretation of contractual terms affecting price determination.
3. Assessment of operational compensation as part of assessable value.
4. Requirement for pre-deposit in tax dispute cases.
5. Examination of balance between appellant's hardship and revenue interest.

Issue 1: Consideration of equity linked compensation in transaction value for taxation:
The appellant argued that the compensation received should not be considered part of the transaction value for tax purposes, citing a previous decision. The Tribunal observed that the compensation influenced the price and prima facie appeared to form part of the transaction value under the Central Excise Act, 1944. However, the lack of balance-sheet information from the appellant hindered a full understanding of the nature of the receipt.

Issue 2: Interpretation of contractual terms affecting price determination:
The Tribunal analyzed the agreement between the parties, noting that the compensation was linked to deviations from contractual terms affecting the price. The Tribunal highlighted the need to examine the balance-sheet and financial statements of the appellant to understand the transaction fully, emphasizing the importance of contractual terms in determining the price.

Issue 3: Assessment of operational compensation as part of assessable value:
The Tribunal delved into the specifics of the operational compensation received by the appellant, emphasizing that it was part of the price of the goods sold and not liquidated damages. The agreement clauses clearly indicated that the compensation was intended to ensure a minimum return on equity, thereby affecting the price of the goods sold.

Issue 4: Requirement for pre-deposit in tax dispute cases:
The Tribunal, while not agreeing to total waiver of pre-deposit, directed the appellant to suggest partial waiver. Considering the dissatisfaction expressed from the record, the Tribunal ordered the appellant to make a deposit of Rs. 40,00,000 within a specified timeframe, balancing the interests of the appellant and the revenue, guided by relevant legal precedents.

Issue 5: Examination of balance between appellant's hardship and revenue interest:
In assessing the pre-deposit amount, the Tribunal considered the undue hardship of the appellant and the interest of the revenue, aiming to strike a balance between the two. The decision was made conscientiously, guided by legal precedents and ensuring a fair approach in light of the circumstances.

This detailed analysis of the judgment addresses the issues involved comprehensively, providing insights into the Tribunal's reasoning and decision-making process.