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TMI Blog2014 (6) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... n order clearly brings out that publicity and advertisement was borne by the dealer at his choice to promote sale that does not mean that assessable value shall be hiked by the extent of reimbursement of part of above expenditure. Cost which makes the goods movable from factory is to only form part of the assessable value of goods cleared. Therefore, excess if any remains after payment of transit insurance is beyond scope of Central Excise Act, 1944 to be included in assessable value which may be subject matter of Income-Tax. Wherever a seller finds working capital crunch, financing facility is extended by bankers to accommodate the seller to realise their price on presentation of the bill. Wherever the seller is able to realise sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the assets write off calls for reversal of Cenvat credit of the entire amount earlier available on assumption? (6) Whether Cenvat credit on First-aid Kit is available? 2.1 Learned Counsel on behalf of the appellant submits that reimbursement of part of the advertisement cost incurred by dealers is a post sale expenditure but not manufacture related expenditure. This is incurred by the dealer. A part of that is reimbursed by appellant. Therefore, that should not form part of assessable value following decision in the case of Philips India Ltd. v. CCE, Pune - 1997 (91) E.L.T. 540 (S.C.) which was also followed by Tribunal in the case of CCE, Indore v. Kinetic Motors Co. Ltd. - 2010 (262) E.L.T. 263 (Tribunal). 2.2 Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able from factory is to only form part of the assessable value of goods cleared. Therefore, excess if any remains after payment of transit insurance is beyond scope of Central Excise Act, 1944 to be included in assessable value which may be subject matter of Income-Tax. 4.1 Interest paid on bill discounting was argued to be excluded from assessable value, not being normal or routine expenditure incurred in due course of business after manufacture. Revenue disagrees to this proposition. 4.2 Wherever a seller finds working capital crunch, financing facility is extended by bankers to accommodate the seller to realise their price on presentation of the bill. Wherever the seller is able to realise sale price on spot such facility is not re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellant was not examined to find out the truth. Therefore, making finding by Tribunal at this stage is premature. Hence, this aspect is remanded to the learned Adjudicating Authority to examine the reconciliation submitted by the appellant and truth of the claim to be discovered to reach to a proper conclusion. Since copy of above documents is claimed by appellant as forming the part of the record, the appellant shall prove veracity thereof cooperating with learned Adjudicating Authority explaining on reconciliation if any submitted before him to prove its stand. 6.1 Fifth issue relates to demand against reversal of Cenvat credit on assets written off. According to appellant, learned Adjudicating Authority asked the appellant for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by learned Adjudicating Authority and pass a reasoned and speaking order granting fair opportunity of hearing to the appellant. 9. Appeal Nos. 1385 1386/2006 are stated to be relating to penalties imposed on Vice President and Manager Finance of the appellant company M/s. Yamuna Motors India Pvt. Ltd. The principal appellant having succeeded on majority of the counts of demand as above, it does not appear to be proper to penalise these two appellants. Therefore, their appeals are allowed. 10. Cause list reveals today that a Misc. Application No. 55446/2013 has been listed with prayer for extension of stay. Since appeal itself is disposed as above, that application has become in fructuous for which that is dismissed. (Dictated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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