Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (9) TMI 132 - AT - Central ExciseDeterminant of Sale Price - Inclusion of compensation in the Gross value - It was on the basis of certain contractual terms agreed by the parties - For deviation to fulfil contractual terms, the compensation attributable to that influences price - Held that:- Prima facie it appeared that the receipt in the garbs of compensation forms part of transaction value in terms of Section 4 of the Central Excise Act, 1944 - The adjudication finding and the agreement throws light that equity price linked measure adopted by both sides for their defence was moot point shall be looked into elaborately in the cause for regular hearing. Stay Application – Waiver of Pre-deposit - Assesse had not been able to make out a prima-facie case in their favor – 40 lakhs were ordered to be submitted as pre-deposit – relying upon RAVI GUPTA Versus COMMISSIONER OF SALES TAX, DELHI [2009 (3) TMI 200 - SUPREME COURT OF INDIA - Assesse’s submission was that calling for 10% of the duty demand towards deposit shall serve the purpose of exercise of the right of appeal - But Revenue shall be prejudiced, if such meagre amount when our dissatisfaction expressed above come out from the reading of record itself including show cause notice – Stay Granted partly. Member (Technical) was also of the same opinion but the reasoning derived by them was different – therefore he recorded the separate order.
|