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K.SREEDHARAN, C.N.B.NAIR
Escorts Yamaha Motor Ltd. – Appellant
Versus
Commissioner of Central Excise, Meerut – Respondent
Per C.N.B. Nair :
This appeal relates to valuation of motor cycles manufactured by the appellants. The issue has been dealt with both in terms of sale ex-factory and sale from depot. On account of that, in respect of sales from depots, deductions on account of depot handling charges have also been claimed. The assessments were provisional and at the time of finalisation of the assessment, the Assistant Commissioner held the following charges to be includible in the assessable value of the motor cycles :-
1. Equalised cash discount.
2. Interest on receivables.
3. Tool kits.
4. Secondary packing.
5. Depot handling charges.
6. Extended warranty charges.
7. Contributions to EDDAL.
8. Sale of publicity material to dealers.
That decision, upon confirmation by Commissioner (Appeals), is in challenge in the present appeal.
2. At the outset, it may be stated that it is well settled that when the ex-factory sale price of goods is available, there is no occasion or requirement to go to the depot price for working out a separate assessable value for the goods sold from the depots. We, therefore, hold that all the motor cycles removed from the factory should be assessed based on the ex-factory price
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