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

2000 (12) TMI 274

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... reedharan, President]. The short question that arises for consideration in this appeal is whether the expenses incurred by the assessee in transporting the goods meant for export is to be deducted from the price of the goods sold for domestic consumption to find out its assessable value. 2. Respondent manufactures two wheeled motor vehicles. Certain quantities manufactured by them are mean .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ds the expenditure for transport, he is entitled to have them excluded from the assessable value relying on the principles stated by the Tribunal in Baroda Electric Meters Ltd. v. CCE, Ahmedabad, 1996 (85) E.L.T. 363. 3. Section 4 of the Central Excise Act deals with valuation of excisable goods for purposes of charging of duty of excise. It, inter alia, states that where duty of excise is charg .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s incurred by him for transporting the vehiclels meant for export from the price of goods sold for domestic consumption. The goods exported have no relation whatsoever with the goods sold for domestic consumption. They are to be treated as distinct and separate having different consequences under the Central Excises and Salt Act. Departmental authority was clearly in error in excluding the transpo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... assistance to the contention raised by the Learned Counsel. According to the Learned Counsel, the Department had gone in appeal to the Supreme Court against the above said final order and that his client had received notice from the Supreme Court. The fact that an appeal has been filed by the Department against Final Order No. 860/99-A, dated 11-6-1999 will not, in any way, go to establish the ta .....

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