2018 (11) TMI 740

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..... gement made between the parties to avoid payment of Excise duty. No evidence in respect of such assertion has been produced. Revenue has not been able to establish that the moulds belonged to the buyer of the material. In absence of this evidence, the value of moulds cannot be separately included in the assessable value of the goods. The appellants have been able to show that the moulds were p .....

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..... tems for which they are using Blow Moulding, Injection Moulding process. For manufacture of goods, they require moulds which they purchase on their own. They are selling goods manufactured by them on principal to principal basis to various buyers. The appellant, after using mould for a reasonable amount of period, stopped getting order from M/s. Gulf Oil Corporation Ltd and M/s Penzoil Quaker Stat .....

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..... le of goods already cleared by them. 3. He further pointed out that these moulds were not supplied free of cost by the buyers to them but were their own purchase. He argued that mere fact that the prices obtained by them at the time of sale of moulds was same or higher than the prices at which they had purchased does not change the legal position that the assessable value of goods already clear .....

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..... lant. The entire case of the Revenue is based on the assumption that the moulds actually belonged to the buyer and it was arrangement made between the parties to avoid payment of Excise duty. No evidence in respect of such assertion has been produced. The said allegation is solely based on the fact that the prices at which the moulds were sold by the appellant was same as the purchase price years .....

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..... f the said moulds is concerned, the appellant have already admitted the liability and have paid the duty. In these circumstances we allow the appeal to the extent that the price of moulds recovered from the buyers cannot be included in the assessable value of the goods already cleared by the appellant before sale of the said moulds. Demand on that count is set aside. Looking at the facts of the ca .....

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