TMI Blog2001 (1) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue involved in this appeal is whether the cost of packing for the appellants product, namely torches cleared during the period April to June, 1994 was includible in the assessable value of the product for the purpose of discharging duty liability. Both the lower authorities decided the issue against the assessees. Learned Commissioner (Appeals) relied on the Supreme Court s decision in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e value. The question whether the packing in question was essential for delivery of the torches at the factory gate or was only a secondary packing which was used to make the goods marketable is a question of fact. On this question of fact both the lower authorities have recorded concurrent finding. There must be extraordinary reasons for us in the second appellate stage to interfere with such con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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