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2005 (3) TMI 129

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..... ssessee's products on the ground that the respondent-assessee and its marketing agent were related persons - Held that:- The appellant has sought to rely upon the decision of this Court in Commissioner of Central Excise, Surat v. Surat Textile Mills Ltd. - [ 2004 (4) TMI 81 - SUPREME COURT OF INDIA ]. In that decision the Court appears to have upheld the view that where the advertisement cost .....

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..... tisement expenses incurred by the marketing agent of the respondent-assessee is sought to be included in the assessable value of the respondent-assessee's products on the ground that the respondent-assessee and its marketing agent were related persons. We have today dismissed the appeal of the Revenue against that portion of the Tribunal's order by which it had held that the marketing agen .....

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..... ally effect the trade name and or trademark of the said product. 3. The appellant has sought to rely upon the decision of this Court in Commissioner of Central Excise, Surat v. Surat Textile Mills Ltd. - 2004 (5) SCC 201. In that decision the Court appears to have upheld the view that where the advertisement cost is incurred by the manufacturers/customers compulsorily or mandatorily, and where .....

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