2023-VIL-1236-CESTAT-CHE-CE
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CENTRAL EXCISE CESTAT Cases

Central Excise - Section 4(1)(d) of Central Excise Act, 1944 – Transaction value – Upward price revision - Appellant raised Debit notes to its customer after clearance of goods due to increased prices of the goods – such Debit note issued by the appellant were not been honoured by the customers - whether the debit notes raised subsequent to clearance of goods would form part of the transaction value – HELD – in terms of Section 4(1)(d) of CEA, 1944, transaction value means, the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay - It is an admitted fact that debit notes have been raised after the clearances of the goods i.e. after sale of the goods - Further, the customer never accepted to honour the increased price or the cost difference. Had the customer agreed to pay the higher revised price it would definitely form part of the transaction value but there is no evidence to show that the customer, M/s Mando India has agreed or is liable to pay the cost difference – Furthermore, the loan advance to the appellant by M/s.Mando India cannot be considered as an additional consideration or a consideration that has influenced the price agreed between the parties. The loan has been completely repaid by the appellant by adjusting in the invoices while making subsequent clearances - since the debit notes have been raised subsequent to sale, the higher revision of price not agreed by the buyer cannot form part of transaction value. The debit notes do not form part of transaction value - The facts in the case of FIAT India Pvt. Ltd. is not applicable to instant case - the Commissioner (Appeals) has erred in allowing the appeal filed by the department and in upholding the order of recovery of erroneous refund passed by the adjudicating authority - the impugned orders are set aside and the appeals are allowed
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