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TMI Blog2010 (10) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... In this application filed by M/s. Fanuc India Pvt. Ltd., Bangalore (FIPL) appellant seeks waiver of pre-deposit of amounts adjudged against them in the impugned order. The appellants are manufacturers of CNC Machine Systems falling under CSH 85371000 of the Central Excise Tariff. They supply most of their production to various Machine Tool Builders (MTB) in India. Authorities noticed that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued proposing to demand an amount of ₹ 2,95,480/- along with interest and to impose penalty on FIPL under Section 11AC of the Act. The notice was adjudicated by the Assistant Commissioner, vide Order-in-Original No. 140/2008-LTU dated 31-12-2008. He confirmed the proposals in the Show Cause Notice. On appeal filed before the Commissioner he sustained the order of the original authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We find that the fact that the appellant has an arrangement with Fanuc Japan and the difference is not retained with FIPL does not affect liability to duty on this amount. 4. As per sub-section (3)(d) of Section 4 of the Central Excise Act, 1944, transaction value means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that if the assessee recovered any amount in excess of the amount charged as price by reason of sale or in connection with sale, then such amount shall also form part of the transaction value for valuation and assessment purposes. It was clarified that it was immaterial whether the warranty was optional or mandatory. Since the value could be different for different transactions, wherever warran ..... X X X X Extracts X X X X X X X X Extracts X X X X
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