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2016 (1) TMI 590 - AT - CustomsLevy of CVD on MRP based or transaction value - import of LCD/LED Monitors and Television sets - demand of differential duty on the ground that the said goods were sold to industrial consumers and therefore, assessment under MRP is not applicable - Held that:- It is pertinent to state that, on imported goods, and at the time of clearance, the appellants are required to affix MRP as the goods are covered under the packaged commodity and therefore in the case of branded goods, the RSP was correctly affixed by the appellant as provided by the brand owners Wipro/HCL etc. The appellant being a dealer not a manufacturer of monitors, the RSP supplied by the brand owners was affixed and there is no dispute on the fact that the monitors are packaged commodity squarely covered under the LM Act. As far as the importers concerned, the transaction is complete. It is not the case that how the brand owner is going to clear the said goods in retail sale or for personal consumption. Once the goods are covered under LMA, as a packaged commodity, they are required to be cleared on retail sale price on the packages as per the provisions of Section 4A, the assessment shall be on MRP basis. - Decision of Apex Court in Jeyanthi Food Processing Pvt. Ltd. [2007 (8) TMI 3 - Supreme Court] followed. In the present case, the appellants have been clearing the goods when the MRP assessment came into existence from 2008 onwards. Therefore, the department suddenly choose to change the assessment from MRP based to transaction value from 10.05.2012 only to the goods sales made to the brand owners is not justified and particularly when the revenue itself accepted the assessment based on MRP under Notification No. 49/2008 from 24.12.2008, on the same transaction to the actual users. - demand set aside - Decided in favor of assessee.
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