9911796707
TMI Blog2005 (12) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... r their products through various depots/consignment agents situated throughout India. In respect of the cloth cover stitched mattresses they pay duty on the value, which includes the value of plain mattresses and that of stitched cloth covers. When plain mattresses only are cleared, they pay duty on the value of mattresses alone. In certain cases, the plain mattresses are cleared to customers after stitching the covers at depots as per the customer s choice. However, they paid duty only on the value of the plain mattresses on the ground that they could not quantify at the time of clearance from the factory, the items which are likely to be fitted with covers and subsequently sold from their depots. Hence, they requested for provisional asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing warranty, commission or any other matter, but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. Further, the original authority relied on Board s clarification dt. 30-6-2000 on transaction value, which stated, Whatever elements which enrich the value of the goods before their marketing and were held by Hon ble Supreme Court to be includible in value under the erstwhile Section 4 would continue to form part of Section 4 value even under new Section 4. It may also be noted that where the assessee charges an amount as price for his goods, the amount so c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m mattresses, pillows and cushions may not be included in the assessable value of the mattresses, pillows and cushions falling either under Chapter 40 or Chapter 94 of the C.E.T. as the Board s Circular letter - Rubber/5/68 dt. 14-8-68 clarified that the latex foam sponge should be assessed without cover, that is to say the value of the cover should not be taken into account for the purpose of assessment. The matter has been re-examined in the Ministry in the context of the new tariff description. In view of the tariff description of Heading 94.04, according to which mattresses, cushions, pillows etc. whether or not covered, come within the purview of this heading. Thus mattresses, pillows, cushions etc., would be assessed to duty, if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, while deciding the issue, he said that the above position should also be taken into account. The ld. SDR further invited our attention to Rule 7 of the CE (Valuation) Rules, 2000, which deals with the method of valuation in respect of depot sales. 6. We have gone through the records of the case carefully. The Board s circular dt. Nov. 87 was issued in view of the change in tariff description of Heading 94.04, which includes mattresses with cover and without cover. What the entire circular clarifies is that when the goods are cleared with covers, the cost of such covers is required to be included in the assessable value of the mattresses and when the items are cleared without covers there no need to include their value. There is no n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
