2017 (9) TMI 343 - AT - Central Excise

100% EOU - Valuation - includibility - loading charges recovered from the buyers - place of removal - Whether loading charges recovered by the Appellants from the buyers of the goods is required to be added to the assessable value for the purposes of levy of Central Excise duty payable by the EOU in terms of Section 3 of the Central Excise Act, 1944? - Held that - the value for the purposes of charging Customs duty is a transaction value for delivery at the time and place of clearance of importation - As per the terms of the contract entered between Appellants and the buyers, the Appellants are required to deliver the goods at the railway wagon. Since the transaction value is for delivery at the railway wagon, the duty is to be charged on the said transaction value at this point - appeal dismissed - decided against appellant.

Summary

Issues:
Whether loading charges recovered by the Appellants from the buyers of the goods should be added to the assessable value for the levy of Central Excise duty payable by the EOU under Section 3 of the Central Excise Act, 1944?

Analysis:
The appeal was filed against an Order-in-Appeal passed by the Commissioner of Central Excise (Appeals), Bhubaneswar. The Appellants, a 100% EOU manufacturing pig iron and scrap, cleared goods to DTA on payment of duty under Proviso to Section 3 of the Central Excise Act, 1944. The issue arose when the Revenue considered the railway sliding as the place of removal for goods where loading charges were recovered from buyers, leading to a demand for excise duty, interest, and penalty. The Appellants contended that the loading charges should not be added to the value of goods cleared from the factory as the factory gate serves as the boundary between EOU and the country, urging to set aside the impugned order.

During the hearing, the Appellants' counsel argued that while goods from EOU are leviable to duty under Section 3 of the Central Excise Act, 1944, their valuation should be done as per Section 14 of the Customs Act, 1962. On the other hand, the Revenue justified the inclusion of loading charges in the assessable value based on the contract for delivery at the railway sliding. The crucial question was whether the loading charges should be included in the assessable value for levy of Central Excise duty by the EOU under Section 3 of the Central Excise Act, 1944.

The Tribunal referred to Section 3(1)(b)(ii) and Section 14(1) of the Customs Act, 1962 for guidance. It was noted that the duty payable by 100% EOU for DTA clearance is to be assessed on the transaction value applicable at the place of sale. Considering the contract terms between the Appellants and buyers mandating delivery at the railway wagon, the Tribunal concluded that duty should be charged based on the transaction value at the railway wagon. Consequently, the impugned order was upheld as legally sound, and the appeal by the Appellants was dismissed.