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TMI Blog2004 (5) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent. [Order per : C.N.B. Nair, Member (T). The appellant is a manufacturer of refrigerator. The issue that has arisen for decision is whether separately recovered warranty charge is includable in the assessable value of the refrigerator. 2. The facts in brief are that one-year warranty goes with the sale of refrigerator, its cost remains included in price of the refrigera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is according to written documents (sale warranty documents in the instant case) the terms of that document govern the transaction between the parties and a contrary claim is not sustainable. He has referred to the decision of the Hon ble High Court at Guwahati in the case of Bhattacharjee Brothers v. Superintendent of Taxes, Dibrugarh and Others - 1984 (63) STC in support of this submission regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that cost of additional warranty is not to form part of the assessable value. 1. Shriram Industrial Enterprises v. C.C.E., Hyderabad - 2000 (125) E.L.T. 1278 affirmed by Hon ble Supreme Court in 1999 (111) E.L.T. A129 2. Webel Nicco Electronics v. C.C.E. - 1989 (43) E.L.T. 394 affirmed by Hon ble Supreme Court in 1997 (94) E.L.T. A144 3. Rajasthan Electronics v. C.C.E., Jaipu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not opted for the additional warranty. We were also shown some transactions where the appellant returned the amount charged for the optional warranty, since the ultimate customer had not opted for the warranty. 6. We also find that the same issue had come up before the Tribunal and the Apex Court and both the appellate authorities had noted that the arrangement for four years additional warran ..... X X X X Extracts X X X X X X X X Extracts X X X X
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