9911796707
TMI Blog2005 (2) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... puter their value cannot be included in the value of computer. We, however, clarify that situation may be different where a manufacturer sells a computer with a monitor and a printer as a unit. As seen, the Notification is granting an exemption provided that the aggregate value of clearances of all excisable goods does not exceed ₹ 150 lakhs in the preceding year. The value, therefore, necessarily has to be in respect of clearances of goods manufactured by the Respondents which admittedly in this case are only the CPUs and the keyboard. Therefore, for the purposes of this Notification the value of traded items like monitors and printers was not to be included. Tribunal was right in holding that the demand was barred inasmuch as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able goods of the description specified in the Annexure below and falling under the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as the "specified goods"), and cleared for home consumption on or after the 1st day of April in any financial year, by a manufacturer from one or more factories, - (a) xx xx xx (b) xx xx xx (c) xx xx xx 2. xx xx xx Nothing contained in this notification3. shall apply if the aggregate value of clearances of all excisable goods for home consumption, - (a) by a manufacturer, from one or more factories, or (b) from any factory, by one or more manufacturers, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... printer becomes an essential part of a computer. By virtue of this Chapter Note a monitor and/or a printer may also be classifiable under the same tariff heading. However, merely because the tariff entry may also include a monitor or printer would not lead to the conclusion that a monitor or printer is an essential part of a computer. All that this Chapter Note indicates is that not only the computer but a monitor and a printer are also excisable products. But the monitor and/or printer will be excisable in the hands of their manufacturer. The Respondents do not manufacture the monitor or the printer. On facts it could not be disputed that in approximately 70% of the cases monitors and printers are not supplied along with the computer sold ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
