2018 (1) TMI 704

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ants assessee Shri S K Bansal, AR for the Respondent Revenue ORDER Per: V. Padmanabhan: The present appeal is filed against Order in Appeal No. 362/2012 dated 21.11.2012. Disputed period is 2006-2007. 2. Brief facts of the case are that the appellant is engaged in the manufacture of transformers, copper coil and other goods classifiable under Chapter sub heading 8504 of the first schedule to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and perused the material available on record. Learned Counsel for appellant relied on the decision of Welspun Corporation Ltd. [2017-TIOL-1287-CESTAT-MUM]. 4. The definition of the term transaction value given under section 4(3)(d) of the Central Excise Act, 1944 allows the exclusion of any amount which is actually paid or payable in the nature of tax. It is seen from the record that as per the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... amount cannot be excluded from assessable value since it has lost the colour of tax being neither paid nor payable as tax. 6. We have considered the case law cited by the learned Counsel for the appellant i.e. M/s. Welspun Corporation Ltd. (supra). But we find that the facts of the present case are distinguishable from that of M/s. Welspun Corporation Ltd. (supra) . In the case of Welspun Corpora .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X