2004 (1) TMI 138 - AT - Central Excise

Summary

Issues involved:
1. Deduction of transportation charges from assessable value of goods sold for domestic clearance.
2. Deduction of expenses on return journey of specialized vehicles transporting two wheelers.
3. Inclusion of excess freight collected in assessable value of goods manufactured.

First Issue - Deduction of transportation charges:
The Tribunal had previously decided against the appellant in a similar case, and until the Supreme Court stays the Tribunal's judgment, the decision is held against the appellant.

Second Issue - Deduction of expenses on return journey:
The Tribunal found that the appellant's claim for expenses on the return journey of specialized vehicles transporting two-wheelers is justified. It was noted that these vehicles are specially designed and cannot carry any other goods on the return journey, thus the expenses for the return journey should be allowed.

Third Issue - Inclusion of excess freight collected:
Citing a Supreme Court decision in Baroda Electric Meters Ltd. v. Collector of Central Excise, the Tribunal decided in favor of the appellant on the issue of including excess freight collected in the assessable value of the goods manufactured.

The appeal was partly allowed based on the above decisions.