9911796707
TMI Blog2010 (4) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that- the COCO Outlets are undisputedly with the knowledge of the Department. In respect of clearances made to the depot (assuming that COCO Outlet has to be treated as a depot), the submission of the Department that the entire extra collection should be added to the assessable value, is contrary to the legal provisions. The assessment of goods transferred to the depot is required to be done at the time and place of removal. The goods removed to the depot may be sold after a lapse of time and it could be considerable time, in some cases. The law envisages that the price of the greatest aggregate quantity of the goods sold on the date of removal should be adopted while paying duty at the time of removal from the factory, in this case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the Order of the Commissioner (Appeals) and restoration of the Order of the Original Authority. He also submits that while the Respondents made aware of the clearances to their COCO Outlets, they did not inform the Department about the extra collections made from the Outlets and therefore, the Order of the Original Authority holding that there was suppression of facts, should be upheld. 5.1 Learned Advocate for the Respondents submits that the period of dispute from December, 2001 to July, 2003 is required to be considered in three different categories, i.e. from December, 2001 to March, 2002; from April, 2002 to January, 2003; and the period after January, 2003. He submits that for the period upto March, 2002, the Paragraph 26 of Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner (Appeals) in respect of each of the above periods. Further, we notice that the fact of removal to the COCO Outlets are undisputedly with the knowledge of the Department. In respect of clearances made to the depot (assuming that COCO Outlet has to be treated as a depot), the submission of the Department that the entire extra collection should be added to the assessable value, is contrary to the legal provisions. The assessment of goods transferred to the depot is required to be done at the time and place of removal. The goods removed to the depot may be sold after a lapse of time and it could be considerable time, in some cases. The law envisages that the price of the greatest aggregate quantity of the goods sold on the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
