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TMI Blog2018 (8) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... and shown separately in the invoices for such goods. Interestingly, despite the substituted Section 4 not providing for a depot or other premises as a place of removal, Rule 7 deals with the normal transaction value of goods transferred to a depot or other premises which is said to be at or about the same time or the time nearest to the time of removal of goods under assessment. Appeal allowed - decided in favor of appellant. - Excise Appeal No. E/51060/2018-[DB] - Final Order No. 52722/2018 - Dated:- 2-8-2018 - HON BLE MR. BIJAY KUMAR, MEMBER ( TECHNICAL ) And HON BLE MRS. RACHNA GUPTA, MEMBER ( JUDICIAL ) For the Appellant : Mr. Ajay Mishra, Advocate For the Respondent : Mr. R. K. Mishra, D.R. ORDER Per : Bijay K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts, be the buyer‟s premises. 18. By an Amendment Act which came into effect on 1-7-2000, Section 4 was substituted yet again as follows :- Section 4. Valuation of excisable goods for purposes of charging of duty of excise. - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall (a) In a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, by the transaction value; (b) In any other case, including the case where the goods are not sold, be the val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or at any other time, including, but not limited to, any amount charged for, or to make provision for, advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter; but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. 19. A cursory reading of the substituted provision makes it clear that the concept of normal value has g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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