1987 (11) TMI 196 - AT - Central Excise

Summary

Issues:
Whether the four-year service contract charge is includible in the value of the Refrigerator for central excise duty assessment under Section 4 of the Central Excises and Salt Act, 1944.

Analysis:
The judgment dealt with the issue of whether the four-year service contract charge should be included in the value of Refrigerators for central excise duty assessment. The appellants provided a one-year warranty for the Refrigerator, with free repair and replacement within the warranty period. After the warranty period, they offered a four-year service contract on a payment basis for the sealed system or parts thereof. The lower authorities contended that the service contract charge was not optional, relying on a Supreme Court judgment. However, the appellants argued that the service charge was not essential for initial marketability and cited a Tribunal judgment in a similar case. The Tribunal analyzed the Supreme Court judgments and concluded that post-warranty service charges should not be included in the assessable value as excise duty is on manufacture, not repair service.

The Tribunal considered the facts presented, showing that the service contract charge was not compulsory, and the buyers had the option to enter into the contract. The percentage of purchases without the contract was significant, indicating the optional nature of the service. The Tribunal rejected the department's argument that the service charge was compulsory, emphasizing the voluntary aspect of the contract for consumers. The judgment clarified that excise duty covers costs until the factory gate, not post-removal services, aligning with the Supreme Court's position on after-sale-service charges.

The appellants raised additional arguments, including the principle of promissory estoppel, the nature of provisional assessments, and circular letters from the Central Board of Excise & Customs. However, the Tribunal deemed these arguments unnecessary to address since the substantive issue of service charges' inclusion in the assessable value was resolved in favor of the appellants. Consequently, the Tribunal set aside the impugned order-in-appeal and allowed all 13 appeals, providing consequential relief to the appellants.