2018 (11) TMI 489 - AT - Central Excise

Valuation - element of freight expended on behalf of the buyer - inclusion of freight amount in assessable value - Held that - The decision of the Hon ble Supreme Court in Baroda Electric Meters Ltd 1997 (7) TMI 126 - SUPREME COURT OF INDIA has laid down the principle that freight has nothing to do with the activity of manufacturing which is the object of taxation under Central Excise Act, 1944 - Amount not included in assessable value - appeal allowed - decided in favor of appellant.

Summary

Issues:
Recovery of central excise duties on excess recovery from customers claimed as transportation charges by the appellant.

Analysis:
The case involved M/s Indo Amines Ltd being proceeded against for recovery of central excise duties on an excess recovery of charges from customers. The original authority confirmed the demand, interest, and penalty, which was upheld by the Commissioner of Central Excise (Appeals). The appellant claimed the excess amount as optional transportation charges expended on behalf of buyers. The appeal was based on the applicability of a Supreme Court decision in Baroda Electric Meters Ltd v. Collector of Central Excise, which the Commissioner rejected. The Counsel for the appellant argued that the recovered amount was specifically itemized as 'freight' in the balance sheet and should not be included in the assessable value. They cited Tribunal decisions supporting their stance, including the interpretation of 'transaction value' and the exclusion of freight from assessable value.

The Authorized Representative contended that the excess recovery constituted consideration for goods sold and should be subject to duty. They relied on various Tribunal decisions to support their argument. The Tribunal referred to the Supreme Court decision in Baroda Electric Meters Ltd, emphasizing that 'freight' is not related to the manufacturing activity taxed under the Central Excise Act. The Tribunal cited multiple cases post-amendment of section 4 of the Central Excise Act, where similar principles were applied. The Tribunal distinguished cases involving different types of charges like 'travel insurance,' 'road delivery charges,' and 'freight on return of goods,' which were not applicable to the present case. Based on the above analysis, the impugned order was set aside, and the appeal was allowed.

The judgment was pronounced on 06/11/2018 by the Appellate Tribunal CESTAT MUMBAI, with detailed arguments presented by both parties and a thorough analysis of legal precedents and interpretations of the Central Excise Act.