Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (7) TMI 357 - CESTAT, CHENNAIAssessable value - Demand of differential duty on the ground that the price adopted for clearing the balance stock lying with the assessees after they ceased to have the right to use brand name “Banish”, was less than the price adopted by the assessees from their depot during the period when they had the right to use the brand name - Held that:- the choice of the assessees regarding unused quantity of insecticides bearing the brand name was either to destroy the goods or to sell them to the buyer and therefore the assessees sold at a lower rate - It is not the case of the department that the lower price at which the goods were sold to independent buyer was not genuine and therefore the price adopted for the earlier sale, when the assessees had the right to use the brand name, is the nearest ascertainable assessable value, is not justified - Decided in favour of assessee.
|