Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1996 (5) TMI 180

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s price list. The Assistant Collector had the world car catalogue with him. According to the world car catalogue the particular model car was priced 5971.00 (inclusive VAT and Car Tax). The Assistant Collector adopted this price, deducted depreciation for the period in question, added the cost of accessories and determined the value which was Rs. 94,145/-. Differential duty was accordingly demanded. The appellant filed an appeal before the Collector (Appeals) and produced what purported to be manufacturer s price list as also manufacturer s letters dated 26-9-1988 and 9-5-1989. The Collector (Appeals) held that VAT and Car Tax had to be deducted from the world car catalogue price and the net price going by the catalogue price would be 4 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... which was adopted by the Assistant Collector, his submission would be correct. The Assistant Collector who relied on the catalogue price deducted 15% towards trade discount. The appellant contended that the world catalogue price should not have been accepted and produced before the Collector (Appeals) what purported to be manufacturer s price list. The Collector (Appeals) preferred to go by the manufacturer s price list. This means that the entire basis of valuation was changed by the Collector (Appeals). Therefore, we are not able to agree with the submission that while changing the basis of valuation from world catalogue price to manufacturer s price list price, the Collector (Appeals) was bound to retain the benefit of deduction of 15% .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... allow trade discount on the manufacturer s price list price. 4. Learned Counsel for the appellant placed reliance on the decision of the Tribunal in Lt. Col. Hamender Singh Bedi v. COC - 1996 (83) E.L.T. 206. Learned counsel also relied on some of the decisions referred to in that order. We have read the decision and also the relevant papers in the file relating to the appeal decided by the reported order. The reference in Hamender Singh Bedi to manufacturer s price list is actually a reference to manufacturer s tourist price list. This is what we have found on verification. Paragraph 5 of the reported order refers in earlier decision of the Tribunal in Air Vice Marshal S.K. Sareen s case where also the tourist price list was referred to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates