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TMI Blog2014 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed by the appellants is not admissible. The benefit is admissible, automatically the value of the chasie will have to be deducted and in such a case, the value has to be naturally work out separately since what is being sold is only chasis and not a fully built vehicle by the principal manufacturer to the customers. - appellant is eligible for the benefit of Sl.No.41 of the notification, the question of adoption of value on which the goods are sold by ALL to the ultimate customer would not be relevant for determination of assessable value of fully built vehicles manufactured by the appellants. Therefore the requirements of pre-deposit is waived and stay against recovery is granted during the pendency of appeal - Stay granted. X X X X Extracts X X X X X X X X Extracts X X X X ..... dt. 10/06/2003. The learned counsel submitted that the notification does not require that duty should have been paid and when duty itself has not been paid, the obvious conclusion according to the Revenue is that the benefit of notification would not be available. If duty is paid and CENVAT Credit is not taken, then only the benefit would be admissible. 2. Learned AR relied upon the decision of this Tribunal in the case of Hyva (India) Pvt. Ltd. Vs. CCE, Belapur [2013 (292) ELT 59 (Tri. Mum.)] to submit that the procedure adopted by the Revenue is in accordance with the precedent decision of the Tribunal. 3. We have considered the submissions made by both the sides. While there cannot be any dispute that according to the decision of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vehicles of heading 8716 manufactured by a manufacturer, other than the manufacturer of the chassis 16% 10 Explanation.- For the purposes of entries (1) and (2), the value of vehicle shall be the value of the vehicle excluding the value of the chassis used in such vehicle. Condition No. 10 which has to be fulfilled for availing the benefit reads as under:- "If no credit of duty paid on the chassis falling under heading 8706 has been taken under Rule 3 or Rule 13 of the CENVAT Credit Rules, 2004". 5. The learned counsel drew our attention to condition No.9, which is applicable in respect of Sl.No.39 to reiterate the fact that it is not necessary that duty should have been paid on the chasis and only in such a case, Sl.No.41 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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