2016 (10) TMI 383 - AT - Central Excise

Valuation - glass bottles - Central Excise Duty discharged on assessable value - whether packing material to be included in the assesssable value? - Held that - the issue is no more res integra as the Apex Court in the case of HINDUSTAN POLYMERS Versus COLLECTOR OF C. EX. 1989 (8) TMI 77 - SUPREME COURT OF INDIA has settled the law that packing materials supplied by customer/buyer cost thereof is not includable in assessable value - appeal allowed - decided in favor of appellant.

Summary

The appeal was against Order-in-Appeal No. BR (477)125/MV/2005 regarding valuation of finished products. The issue was whether the cost of packing materials supplied by the customer should be included in the value of glass bottles. The Tribunal held that as per the Apex Court judgment in Hindustan Polymers case, such packing material costs are not includable in the assessable value. Therefore, the impugned order was set aside and the appeal was allowed.