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TMI Blog2019 (5) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... inclusion of such excess value in the assessable value of goods - Section 4(3)(d) of the Central Excise Act, 1944 - HELD THAT:- The appellants have discharged duty liability on the entire assessable value. However, the customers on the course of delay in dispatch of the goods have held back certain amounts as Liquidated damages. On negotiation, such held back amounts were paid to the appellant - T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt years; that in the trial balance, the appellant had shown excess amount of ₹ 10,57,446/- under the Heading 'Misc. Income' for 2009 - 10. The department took the view that in terms of Section 4(3)(d) of the Central Excise Act, 1944, the transaction value means the price actually paid or payable for the goods whether payable at the time of the sale or at any time was required to be included ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he event of supply of the goods beyond the agreed delivery date, the customers are entitled to deduct a nominal penal charges namely Liquidated damages from the bill amount. (ii) however, the appellant had paid excise duty on the entire amount at the time of removal (iii) if however, the delay is not due to the fault of the appellant and the customer is convinced, in such circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 17,776/- on 31.3.2010 and which was shown in the Miscellaneous Income. 3. On the other hand, ld. AR Shri L. Nandakumar supports the findings in the impugned order. 4. After hearing both sides, it is not in dispute that the appellant had discharged the central excise duty liability on the entire assessable value shown in the invoice. There is no dispute concerning such assessable value also. It ..... X X X X Extracts X X X X X X X X Extracts X X X X
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