Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (12) TMI 387 - CESTAT CHENNAIDetermination of Assessable value of goods - Sale of goods at the depot – Price at which goods sold at depot as per Rule 10A of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 – Waiver of Pre-deposit – Held that:- Prima facie, the Revenue has not placed any material to show that the price at which the 'urinal casing' was sold to the applicants was vitiated in any manner - Before proceeding to adopt valuation of the goods sold by Inova to PRPL under the Valuation Rules, reason why the transaction value cannot be accepted has to be recorded - No forceful reasoning for such rejection is coming forward from Revenue - The conditions in the contract cannot be interpreted to mean that the price of the goods was influenced in any manner by the conditions - The conditions appear to be common among parties entering into contract for manufacture of such specialised items which cannot be sold to public at large and in respect of which some type of IPR may be involved. high margins are noticed in most cases were a small manufacturer manufactures goods under the brand name of a well-known company which is able to market the product - There is no legal provision under excise laws controlling the profit margin or the premiums that may accrue on brand name – Prima facie the Revenue has not made out a case – Pre-deposits waived for the admission of appeal – stay granted.
|