Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case law/2014-15/2279

Whether freight and insurance charges includible in assessable value?

Case:- COMMISSIONER OF CENTRAL EXCISE, NASHIK Vs GENERAL METALLISERS LTD.

Citation:- 2014 (300) E.L.T. 534 (Tri. – Mumbai)

Brief facts:- The respondent, M/s. General Metallisers Ltd. was a manufacturer of Metallised Paper/Paper products falling under Chapter 48 of the Central Excise Tariff. The respondent delivered the goods ex-factory. However, in some cases the buyers of the goods requested that delivery be made at their premises and undertook to reimburse the freight and insurance charges. Accordingly, goods were delivered at the buyer’s premises by making necessary arrangements for transportation and insurance. However, the freight and insurance charges were collected separately through debit notes and it was not indicated in the invoice. Therefore, a show cause notice was issued demanding excise duty on the freight and insurance charges collected by the respondent from their buyers, during the period 1-7-2002 to 28-2-2003 for a sum of Rs. 2,01,805/- under the provisions of Section 11A of the Central Excise Act, 1944 along with interest thereon under Section 11AB ibid and also proposing to impose penalty under Section 11AC. Notice was adjudicated and demands were confirmed. Aggrieved of the same, the appellant approached the lower appellate authority, who came to the conclusion that the place of removal remains the factory and therefore, the appellant was not liable to pay excise duty on the freight and insurance charges recovered from their customers in respect of transaction where the customers had requested for delivery of the goods at their premises. Aggrieved of the same, the Revenue is in appeal before Tribunal.
 
Appellant’s contentions:- It was the contention of the Revenue that since the goods have been delivered at the premises of the customers, in terms of Rule 5 of the Central Excise Valuation Rules, 2000, the appellant was liable to discharge excise duty on the freight and insurance charges and therefore, the impugned order was not sustainable in law.

The ld. Additional Commissioner (AR) appearing for the Revenue reiterated the ground urged in the appeal memorandum and submits that the application of Rule 5 of Central Excise Valuation Rules, 2000 was warranted in the instant case and therefore, the impugned order was bad in law.
 
Respondent’s contentions:- The ld. Counsel for the respondent on the other hand submitted that the impugned order had been correctly passed as there was no dispute about the place of removal which remains the factory gate. Only in a few cases at the request of the customers, the goods were delivered at their premises for which the respondent made necessary arrangements for transportation and insurance and the charges were reimbursed to the respondent by the buyers. However, in all these cases, the place of removal was ex-factory only and therefore, the question of inclusion of freight and insurance charges to the ex-factory price does not arise.
 
Reasoning of judgment:- The Tribunal held that as per the show cause notice, the goods have been sold ex-factory. However, at the request of the customers, the goods were delivered at the customer’s premises for which recovery of freight and insurance charges have been made from the customers. In the Order-in-Original, the adjudicating authority had given a clear finding that there was no dispute about the place of removal which was the factory. If there was no dispute about the place of removal, the question of invoking Rule 5 of Central Excise Valuation Rules, 2000 would not arise at all. In view of the above factual position, we do not find any infirmity in the impugned order passed by the lower appellate authority. Accordingly, we dismiss the appeal filed by the Revenue as devoid of merits.
 
Decision:- Appeal was dismissed.
 
Comment:- The analogy drawn from the case is that if the assessee’s general practice is that goods are sold ex-factory but if at the request of some customers, the goods are delivered at the customer’s premises for which recovery of freight and insurance charges is made from the customers, the place of removal remains to be factory and hence Rule 5 of Central Excise Valuation Rules would not be applicable. Even otherwise, if the excise duty is being paid on the freight charges, then too, credit of outward freight would be admissible if the sales would be treated as “Free on Receipt” basis provided the conditions for availing credit on outward freight is being satisfied by the assessee.

Prepared by: Ranu Dhoot  

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com