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TMI Blog2017 (2) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant was not required to include the amortization cost of the packing machine supplied free of cost by the principal. Therefore, the extended period of limitation is not invokable - appeal allowed - decided in favor of appellant. - E/1207/06 - A/85445/17/EB - Dated:- 19-1-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri S.J. Vyas, Advocate, for Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value in terms of Section 4 read with Rule 5 of Central Excise Valuation Rules, 1975. Aggrieved by the Order-in-Original, the appellant filed an appeal before the Commissioner (Appeals) who upheld the re-determination of the value and accordingly confirmed the demand of duty, interest and penalty imposed by the adjudicating authority. Being aggrieved by the impugned order, the appellant is before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Tribunal and five Members Larger Bench of this Tribunal in the case of Mutual Industries Ltd. Vs. Commissioner of Central Excise, Mumbai - 2000 (117) ELT 578 (Tri) finally decided that the proportionate cost of goods supplied free by the customer and used in the manufacture of finished goods is includible in the assessable value. In view of the above Larger Bench judgment, it is clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Marathwada Glass (supra) was in favour of the assessee. It is only after Larger Benchs judgment in the case of Mutual Industries Ltd. (supra) , the issue was settled that the amortization cost of free supplied goods by the buyer for manufacture of finished goods should be added in the assessable value. It is settled law that if legal issue is based on interpretation and matter is referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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