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

1997 (12) TMI 286

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hma Deva, Member (J)]. Whether the following items are to be excluded in determining the assessable value is an issue to be considered in this case :- (i) Feasibility; (ii) Installation; (iii) Consultancy; (iv) Demonstration; (v) System Analysis or designing; (vi) Services; 2. The Additional Collector has excluded the items namely installation, consutlancy and demonstration on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tering the arguments submitted that whether feasibility charges were optional or otherwise was not substantiated before the authorities below. As regards system analysis of designing charges and service charges, there are contrary decisions of the Tribunal whereby it was held that such service charges are to be included. 4. We have carefully considered the matter. We find that the Additional Col .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y of the goods relying upon the Bombay Tyre International case but without examining whether these charges have a nexus to the design or marketability of the product in view of the developed case law on these issues. In spite of the specific plea taken by the assessee that feasibility charges is only an optional the same has not been considered in the order as can be seen form the order. In view o .....

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