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TMI Blog1986 (1) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... ber (T)]. - Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944 allows exclusion of cost of packing from the assessable value of goods if the packing is of a durable nature and is returnable by the buyer to the assessee. The respondents manufactured compressed oxygen gas and cleared it packed in cylinders. The question for consideration in this appeal of the department is whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cylinder maintenance charges not only includes maintenance charges of the cylinders but also includes cost of the cylinders itself which have been calculated in terms of per M3 as per details given below :- 1. Approximate cost of 1 cylinder ... Rs. 1600/- 2. Approximate life of 1 cylinder . 12 years 3. Turn-over of 1 cylinder in 1 year 28 times ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very over and above the initial purchase price of the cylinder. The respondents cited two previous judgments of this Tribunal in their favour :- 1. 1986 (26) E.L.T. 265 (T) - Collector of Central Excise, Bombay-III v. Century Spg. Mfg. Co. Ltd., Kalyan. 2. Order No. 247/86-A, dated 27.3.1986 in E-Appeal No. 1216/84-A - Collector of Central Excise, Cochin v. M/s. Fertilizers Chemicals Trava ..... X X X X Extracts X X X X X X X X Extracts X X X X
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