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TMI Blog2002 (8) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... hri S.V. Parlekar, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above application for waiver of pre-deposit of duty and penalty arises out of the order of the Commissioner of Central Excise (Appeals), Mumbai, who has confirmed duty demand of Rs. 1,14,61,836/- and imposed penalty of Rs. 20,00,000/- upon the applicants herein who are manufacturers of Air-condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ec. 4(3)(d) of the Central Excise Act as amended in July, 2000, which reads as under :- transaction value means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods manufactured by the applicants herein, in the light of clarification contained in CBEC Circular No. 643/34/2002-CX., dated 1-7-2002, which states as under :- If the final product is not excisable, the question of including these charges in the assessable value of the product does not arise. As for example, since a Steel Plant, as a whole, is an immovable property and therefore not excisab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncluded in the assessable value of the goods. If these costs are incurred to bring into existence some immovable property, they will not be included in the assessable value of such resultant property. 5. For the same reason, the duty demand on the cost of boughtout items for installation and commissioning is also not sustainable prima facie. We, therefore, waive the pre-deposit of duty demanded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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