9911796707
TMI Blog2001 (7) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... hana Wadhwa, Member (J)]. The appellants are engaged in the manufacture of water tankers on the duty paid chassis. The chassis manufactured by vehicle factory, Jabalpur, and are being sent to the appellants for fabrication of tankers on the same. The appellants are paying duty on the cost of the fabrication in terms of provisions of Notification 4/97-C.E., dated 1-3-1997. 2. The authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to them. For giving such bank guarantee, some commission is being paid to the bank which in case is re-imbursed to them by the manufacturer of the chassis. By no stretch of imagination such bank charges paid to the bank can be linked to the assessable value of the water tanks. Similarly, in respect of transportation cost, he submits that they have to manufacture water tanks on the duty paid chassi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the authorities below. 5. The two issues involved in the present appeal are as to whether the bank charges paid to the banker for securing bank guarantee for safe return of chassis to the vehicle factory i.e. manufacture of the chassis, would become a part of the assessable value of the water tankers or not. As informed to us such bank charges are incurred by the manufacturer of the chass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tle paid back to the factory is not includible in the assessable value of the final product. Here in the present case, apart from the fact that in view of the ratio laid down in the above decision, transportation cost of the chassis would not be includible. We also note that there is an explanation to the effect that the value of the vehicle shall be the value of the vehicle excluding the value of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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