9911796707
TMI Blog1984 (8) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... tion was originally filed by the said firm. By amendment, the Company has come on record. 3. At all material times, the Company manufactured and marketed vanaspati under the brand name "CHANDA". According to the Company, this product is manufactured in bulk and thereafter filled in tin containers labelled with the brand name "CHANDA". These containers are then sealed and packed and are then transported to wholesale buyers who, in their turn, sell them in retail to consumers. According to the Company, the product is sold in the course of wholesale trade in the ordinary course of wholesale trade to independent purchasers on a principal to principal basis, with price as the sole and only consideration for such sale. As per further averment i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tin containers here are returnable within the meaning of Section 4(4)(d)(i) of the Act and, therefore, its cost was liable to be excluded from the assessable value. However, when this petition reached hearing today, Mr. Krishnamurthy, learned Counsel for the Company, sought leave to amend the petition by raising a contention to the effect that the tin containers in question were durable and returnable and further that this returnability was as a matter of contract between the parties. For reasons more than one, I am not inclined to grant the request for amendment. In the first place, the amendment was sought for only orally by producing across the Bar what purports to be an ordinary copy of a circular dated 15th November 1978 by the market ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one in futility. Impression gained is akin to a drowning man holding at the last straw. 7. Still further, the law as it stood since several years prior to the filing of this petition and all throughout thereafter till now was and is that value in relation to any excisable goods, where the goods are delivered at the time of removal in a packed condition, includes the cost of such packing except the cost of the packing which is of a durable nature and is returnable by the buyer to the assessee. Vide Section 4(4)(d)(i) of the Act. In spite of this position thus subsisting for several years, one does not find any case even made out in the petition that the packing here involved was, apart from being durable, also returnable. Submission now ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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