1988 (7) TMI 58 - SUPREME COURT

Whether Delivery and collection charges (where applicable), Cylinder deposit and Rentals being additional charges, should form part of the assessable value?

Held that:- In view of the conduct of the dealer, there was doubt as to what was the real ex-factory price. If there was a finding that there was no real ex-factory price, then the aforesaid observations would have required serious examination. But in this case, the case has not proceeded on that basis. On the contrary, there is a clear finding that there was an ex-factory price which is ascertainable. If once that is the position that should be the basis upon which the value is to be determined, the other expenses, costs or charges must be excluded.

Inasmuch as that is the correct position in law, we direct that the Assistant Collector will re-fix the assessable value as indicated in this judgment. The Tribunal's judgment is modified accordingly. These appeals are disposed of.