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2012 (9) TMI 456 - CESTAT, CHENNAIDuty demand and penalty - demand has been confirmed on the ground that since the price for 2 nos. of ‘Demo Bikes’ was 50% lower than the price fixed for retail customer, the price was not the sale consideration for sale – Held that:- Assessees have not been able to demonstrate any difference between the ‘demo bikes’ and the ‘normal bikes’ sold to dealers - The demo bikes are put to test and usage as desired by prospective buyers and the assessees also permits such usage to enhance the marketability of their bikes to overcome their competitors in attracting customers - transaction value cannot be accepted and the value of normal bikes has correctly been adopted and differential duty charged thereon - appeal is partly allowed by upholding duty demand and interest but setting aside penalty.
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