9911796707
TMI Blog1983 (7) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ch these gases are delivered by the petitioner to the said buyer. The petitioner had submitted the price list to the first respondent for the purpose of assessing the excise duty on these gases and this list was approved by the first respondent on 19-5-1978. In this price list the value of the cylinders in which the gases were delivered to the buyer was not included. On 25-10-1978 the first respondent wrote a letter to the petitioner referring to the petitioner's letter dated 13-10-1978 in which the petitioner had brought to the notice of the first respondent that the cylinders in which the acetylene gas is filled belong to the buyer. The first respondent by this letter indicated a d- as to whether the price of the cylinder so supplied by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose of assessing the excise duty levied on the gas manufactured and sold by the petitioner. 2. The question, therefore, which falls for determination in this petition is whether the price of the cylinder which the buyer supplies to the petitioner for delivering the gas to the buyer can be included in the value of the gas manufactured and sold by the petitioner to the buyer for the purpose of determining the excise duty to be paid by the petitioner. On behalf of the respondents reliance is sought to be placed on the definition of "value" as occurring in Clause (d) of Section 4 of the Act. Relying on sub-clause (i) of this Clause it is submitted that what is exempted from the value of the goods is the cost of the packing which is of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to include the price of such cylinders while determining the value of the excisable goods, namely, the gas, if on the facts and circumstances of the case he was not entitled to do so under the law. In other words, the said Notification cannot govern our decision with regard to the liability of the petitioner to include the price of such cylinders while determining the value of the gas for the purpose of assessing the excise duty. 5. As stated above it is admitted that the cylinders in which the gas is delivered to the buyer belong to the latter and not to the petitioner. What seems to be done is that the buyer brings its own cylinders to the factory of the petitioner where the gas is filled in those cylinders and they are returned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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