TMI Blog2014 (4) TMI 800X X X X Extracts X X X X X X X X Extracts X X X X ..... ned 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to their dealers during the material period. Consequently, there is a demand of differential duty of over Rs. 9.6 crores on the appellant for the period October, 2010 to September, 2011 and also there is a penalty of Rs. 2 crores on them. The present application seeks waiver and stay in respect of these adjudged dues. 2. According to the learned counsel for the appellant, PDI and free after sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of which were relied on by the adjudicating authority in the present case. On these facts, the learned counsel claims prima facie case against the impugned demand and prays for waiver and stay. 3. Per contra, the learned ADC (AR) points out that there is a Larger Bench decision of this Tribunal in the case of Maruti Suzuki v. Commssioner reported in 2010 (257) E.L.T. 226 (Tri.-LB), wherein PDI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that challenge was not entertained. 4. We have given careful consideration to the submissions. The Hon ble High Court struck down both the circulars which were relied on by the adjudicating authority in the present case. The Hon ble High Court did so after holding thus :- For all the aforesaid reasons, we hold that as per Section 4(3)(d) of the Central Excise Act, 1944 the PDI and free after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, 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. In this view of the matter, we grant waiver of pre-deposit and stay of recovery in respect of the adjudged dues and direct the appeal to be listed with the appeals figuring in today s supplementary cause list. At this stage, it is poi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
