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1989 (6) TMI 207 - AT - Central Excise
Issues:
1. Application for change of Cause Title. 2. Appeal against the order of the Appellate Collector regarding the inclusion of packing costs in the assessable value. Issue 1: Application for change of Cause Title The judgment begins with an application for a change of Cause Title due to the alteration of the company's name. The application is allowed, and the Cause Title is directed to be amended accordingly. Issue 2: Appeal against the order of the Appellate Collector regarding the inclusion of packing costs in the assessable value The appeal questions whether the costs of packing should be included in the assessable value. The appellants, manufacturers of Grey Portland Cement, argued that due to the Cement Control Order in force at the time, manufacturers were obligated to refund money on packing materials. The appellants relied on the ruling of a Larger Bench of the Tribunal in a previous case and contended that packing charges should not be included in the assessable value. The respondent reiterated the reasoning of the Original Authority and the Appellate Authority in the impugned orders. The Tribunal analyzed the issue in the context of the Cement Control Order and the circular issued by the Government of India. It noted that manufacturers were under a statutory obligation to refund the cost of packing materials as per the Control Order. The Tribunal agreed with the appellants that under these circumstances, the cost of packing materials should not be included in the assessable value of Grey Portland Cement. The Tribunal referenced the ruling of the Larger Bench in a previous case and also cited rulings from various High Courts in support of its decision. It specifically mentioned the rulings of the Madhya Pradesh High Court, Andhra Pradesh High Court, and Karnataka High Court. Additionally, the Tribunal highlighted a Special Bench ruling that supported the same view. Consequently, the Tribunal set aside the impugned order and allowed the appeal with consequential relief.
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