1981 (8) TMI 77 - HC - Central Excise

Summary

Issues:
Interpretation of excise duty on delivery charges as part of assessable value under the Central Excises and Salt Act, 1944.

Analysis:
The petitioner, a manufacturer of soaps, faced a dispute regarding the inclusion of Rs. 6 per card board box delivery charges in the assessable value for excise duty calculation. The authorities under the Act contended that these charges should be included as part of the normal price under Section 4(1)(a) of the Act. The key question was whether these delivery charges were to be considered for arriving at the assessable value.

The authorities, including the appellate authority, argued that the delivery charges should be the actual cost of transportation to be excluded from the assessable value. They claimed that the charges were equalized from freight and not the actual transportation cost. Reference was made to a judgment by Mohan J. highlighting that excise duty is on the incidence of manufacture, and post-manufacturing expenses should be excluded from the assessable value.

Another judgment by Padmanabhan J. emphasized that post-manufacturing expenses, such as delivery charges separately billed, should not be included in the assessable value under Section 4 of the Act. The High Court of Bombay also addressed a similar contention, determining that delivery charges are post-manufacturing expenses falling under marketing and distribution expenses, not manufacturing expenses.

The High Court of Bombay's decisions were upheld on appeal, confirming that delivery charges are not part of manufacturing expenses but rather relate to selling activities. The court concluded that the authorities' adjudication could not be sustained, leading to the writ petition being allowed. The order including delivery charges in the assessable value was quashed, directing the authorities to approve the price list without these charges from a specified date.

In summary, the judgment clarified that delivery charges should not be considered part of the assessable value for excise duty calculation, as they are post-manufacturing expenses related to marketing and distribution, not manufacturing. The court's decision was based on established legal principles and precedents, emphasizing the exclusion of such expenses from the assessable value under the Act.