2013 (12) TMI 806

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ncurred to make the coal to reach surface and marketable - sale consideration is fixed on the basis of cost incurred (both fixed cost and variable cost) to extract coal - it is inconceivable how transaction value shall not comprise element of royalty – the appellant is directed to deposit Rupees Seventy five lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ty being added to the extracted value of coal as a direct cost incurred to make the coal to reach surface and marketable. Levy of royalty is at the first step of extraction of coal and coal removed constitutes various cost including royalty. Therefore, sale consideration is fixed on the basis of cost incurred (both fixed cost and variable cost) to extract coal. Accordingly it is inconceivable how .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X