9911796707
TMI Blog1998 (8) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... he manufacturers of T.V. sets falling under tariff Item 33A of Central Excise Tariff. The appellants have filed classification and price lists from time to time and the same has been approved and they have cleared the goods on the basis of declared goods and in terms of price lists filed by the appellants. The appellants had been issued with questionnaire by the Inspector of Central Excise. In terms of the said questionnaire, they had given details about the pattern of sales. They had also declared about the distributor M/s. Amar Traders and they did not have any sale agreement. A statement was also recorded by the Inspector, Chamarajpet Range, Bangalore on 23-8-1982 from the Managing Director of the appellants. In this statement, he has gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. The appellants had also submitted a certificate of Chartered Accountant in August, 1982 and had stated that the value declared as Rs. 1600/- for plain variety and Rs. 1795/- for delux variety has clearly certified by a Chartered Accountant of M/s. Boal Rajan, Bangalore. The appellants categorically submitted that the sales made to consumers were on credit basis cum retail price. He had explained the retail price cannot form a part of assessable value and a detailed explanation was given by the appellants. However, after a lapse of time, a show cause notice, dated 3-9-1984 was issued by the Superintendent (Technical) of Central Excise. In the said show cause notice the demands were raised on the ground that they had under-valued th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved any commercial extra advantage from M/s. Amar Traders and M/s. Arati Enterprises and they have submitted that there was no financial flow back. The appellants have also submitted that the sales were made to the dealers only at the arms length from principal to principal basis. The learned Counsel relied on the judgment of Supreme Court in the case of Bombay Tyres International Ltd. as reported in 1983 E.L.T. 1896. They have also raised the ground of time barred and state that the transactions and the price declared should be accepted and there was nothing which calls for taking a different view in the matter. The appellants were heard on 28-1-1988 and the matter was closed for orders. However, the Commissioner after hearing the matter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel in this matter including non-determination of price in terms of Rule 6 in case of the retail sales. 4. The learned D.R. reiterated the departmental contention and supported the learned Commissioner s order. 5. On a careful consideration of the submissions, we notice that the demands are barred by time for the reason that in this particular case the statement had been recorded in the year 1982 with respect to the detailed questionnaire and the appellants had produced all the records including invoices and price lists. They have also produced a certificate from the Chartered Accountant clarifying the point that sale prices were uniform and that there was no flow back in the matter. The correctness of the value was also certified by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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