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  • Section 4(4)(d)(i) of the Act
  • Section 4(4)(d)(i) of the statute
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Citation Codes
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citation codes
Case Number
Advocates
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Acts
  • Section 4(4)(d)(i) of the Act
  • Section 4(4)(d)(i) of the statute
Smart Summary

Factual and Procedural Background

The appeals concern the determination of the assessable value of certain excisable goods for the purpose of levy of duty under Section 4(4)(d)(i) of the relevant Central Excise statute. The core factual situation involves goods supplied in containers or drums. The dispute focuses on whether, and in what circumstances, the cost of such containers—particularly when provided by the buyer rather than the manufacturer—should be included in the assessable value.

Legal Issues Presented

  1. Whether the cost of packing supplied by the buyer, and not incurred by the manufacturer, must be added to the price of the goods when computing the assessable value under Section 4(4)(d)(i).
  2. Under what circumstances the cost of containers supplied by the manufacturer (with or without separate charge) is to be included or excluded from the assessable value, especially when the packing is of a durable nature and returnable.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Union of India v. Godfrey Philips India Ltd.
(1985) 4 SCC 369 : 1986 SCC (Tax) 11 : 1985 Supp 3 SCR 123
Interpretation of Section 4(4)(d)(i) regarding inclusion of secondary packing in assessable value. The precedent was referred to, but the Court found it unnecessary to re-examine its correctness for disposing of the present appeals.

Court's Reasoning and Analysis

Ranganathan, J. (concurring): The Court examined the statutory context and held that the “cost of packing” in Section 4(4)(d)(i) refers only to packing costs incurred by the manufacturer and recovered from the buyer. Three scenarios were outlined:

  • When the manufacturer supplies containers without separate charge, the container cost is inherently part of the sale price and no separate adjustment is warranted, except for durable, returnable containers.
  • If the manufacturer supplies containers and charges separately, that charge must be added to the assessable value unless the packing is durable and returnable.
  • When the buyer provides the containers, no notional addition of their cost can be made to the sale price because the manufacturer neither incurs nor recovers that expense.

Ranganathan, J. emphasised the anomaly that would arise if the law were read to include buyer-supplied durable packing while excluding manufacturer-supplied returnable packing, reinforcing the chosen interpretation.

Verma, J. (concurring): Echoing the statutory interpretation, Verma, J. concluded that “cost of such packing” means only the cost incurred by the manufacturer and recovered from the buyer. Consequently, where packing is provided by the buyer, its cost is outside the ambit of Section 4(4)(d)(i). This conclusion disposed of the appeals without addressing broader questions, including the correctness of Godfrey Philips on secondary packing.

Holding and Implications

HOLDING: The cost of packing supplied by the buyer, and not incurred or recovered by the manufacturer, is not to be included in the assessable value under Section 4(4)(d)(i); accordingly, the appeals were allowed.

Implications: The decision clarifies that only packing costs borne and recovered by the manufacturer are relevant for valuation under Section 4(4)(d)(i). It resolves the immediate dispute but deliberately refrains from revisiting broader precedential questions on secondary packing, thereby limiting the judgment’s reach to the specific statutory interpretation at issue.

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    Hindustan Polymers v. Collector Of Central Excise .

    Per Ranganathan, J. (concurring)

    The answer to the question whether the cost of the container should be included in the assessable value or not would depend upon whether the goods in question are supplied in a packed condition or not. If the answer is yes, three kinds of situation may arise. Where the manufacturer supplies his own container or drum but does not charge the customer therefor, then the price of the goods will also include the cost of the container. There will be no question of separate addition to the sale price nor can the assessee claim a deduction of the cost of packing from the sale price except where the container is a durable one and is returnable to the manufacturer. If the manufacturer supplies the drums and charges the customers separately therefor, then, under Section 4(4)(d)(i), the cost of the drums to the buyer has to be added to the price except where the packing is of durable nature and is to be returned to the manufacturer. If on the other hand, the manufacturer asks the customer to bring his own container and does not charge anything therefor then the cost (or value) of the packing cannot be “notionally” added to, or subtracted from, the price at which the goods have been sold by the manufacturer.
    (Para 21)
    The words of a statute have to be read in the context and setting in which they occur. There is ample internal indication in the statute to show that the cost of packing referred to in Section 4(4)(d)(i) is the cost of packing incurred by the manufacturer and recovered by him from the purchaser whether as part of the sale price or separately. While generally the normal price for which the goods are sold at the factory gate is to be taken as the assessable value, an addition thereto has to be made where, in addition to the price, the manufacturer levies a charge for the packing which is intrinsically and inevitably incidental to placing the manufactured goods on the market. It will indeed be anomalous if the cost of an item of packing charged for from the customer is to be excluded from the assessable value where the packing, though durable, is returnable to the manufacturer but the cost of an item of durable packing supplied by the customer and taken back by him is liable to be included in the assessable value.
    (Para 20)
    The above conclusion is sufficient to dispose of the present appeals. It is unnecessary to discuss wider question as to the circumstances in which the cost of packing (primary or secondary) can at all enter into the determination of the assessable value under Section 4(4)(d)(i) or as to the correctness or otherwise of the decision of the Court in Union of India v. Godfrey Philips.
    (Para 21)
    Union of India v. Godfrey Philips India Ltd., (1985) 4 SCC 369 : 1986 SCC (Tax) 11 : 1985 Supp 3 SCR 123, referred to

    Per Verma, J. (concurring)

    The cost of packing envisaged in Section 4(4)(d)(i) of the Act for determining the “value” in relation to any excisable goods is only the “cost of such packing” incurred by the manufacturer and recovered from the buyer except where the packing is of a durable nature and is returnable by the buyer to the manufacturer. The “cost of such packing” referred to in Section 4(4)(d)(i) does not include within its ambit the cost of packing not incurred by the manufacturer when the packing is supplied by the buyer and not the manufacturer. This construction of the expression “cost of such packing” in Section 4(4)(d)(i) of the Act clearly excludes in these matters the question of its addition to the price of goods recovered by the manufacturer from the buyer for determining the “value” in relation to the excisable goods for computing the duty payable on it.
    (Para 23)
    The above conclusion reached on the language of Section 4(4)(d)(i) of the Act is sufficient to allow these appeals. The wider propositions canvassed by the two sides including the question of correctness of the view relating to secondary packing taken in Union of India v. Godfrey Philips India Ltd. need not be considered and decided in these matters.
    (Para 24)
    Union of India v. Godfrey Philips India Ltd., (1985) 4 SCC 369 : 1986 SCC (Tax) 11 : 1985 Supp 3 SCR 123, referred to
    R-M/9510.CT

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    Comments

    Hindustan Polymers v. Collector Of Central Excise .
    (Aug 23, 1989)