Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 800 - AT - Central ExciseValuation of goods - Inclusion of Pre-Delivery Inspection (PDI) and “free after sales service(FASS) charges in the assessable value of the vehicles manufactured and sold by the appellant to their dealers - Held that:- Larger Bench elaborately examined the scope of “transaction value” defined under Section 4(3)(d) of the Act and took the view that PDI and FASS charges were includible in the transaction value of the motor vehicles sold by the manufacturer to dealers irrespective of whether such charges were collected from the buyers. But, prima facie, this view taken by the Larger Bench in 2010 is seen impliedly overruled by the Hon’ble High Court in the case of Tata Motors Ltd. (2012 (9) TMI 244 - BOMBAY HIGH COURT). Therefore, for the present purpose, we are unable to follow the Larger Bench decision and would like to follow the ruling of the Hon’ble High Court, which is clear enough - Stay granted.
|