9911796707
TMI Blog2000 (4) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... r : G.R. Sharma, Member (T)]. - Arguing the Reference Application, Shri R.D. Negi, ld. SDR submits that a point of law reading as, whether the value of glass bottles and plastic crates can be apportioned to the value of the aerated water on proportionate basis on their clearances, as having been included in the assessable value, when the party has claimed 100% depreciation at the cost of glas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if any manufacturer claims the benefit of Modvat credit on aerated water bottles. He therefore submits that since the issue is not clear as to what should be the period and how the period should be calculated, therefore, a point of law arise and prays that the Reference Application may be allowed and the matter may be referred to the Hon ble Allahabad High Court for consideration. 2. Shri K.L. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s insofar as charging of rent is concerned, it is held in the case of Collector v. M/s. Indian Oxygen Ltd. reported in 1988 (36) E.L.T. 730 (S.C.) that rental charges for gas cylinders are not includible in the assessable value. He submits that in view of the ruling of the Apex Court, rent has got nothing to do with the claim of Modvat credit. He submits that the question as formulated by the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lated as under : Whether the value of glass bottles and plastic crates can be apportioned depending on the average life span of the bottles and crates and added to the value of the aerated water for purposes of Explanation (iii) under Rule 57A of the Central Excise Rules, 1944, as it stood at the relevant time . 4. The Reference Application is therefore allowed in the above terms. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
