Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 740 - AT - Central ExciseValuation - inclusion of prices obtained in respect of sale of moulds to buyers in the assessable value - the moulds were originally purchased by the appellant - Held that:- The entire case of the Revenue is based on the assumption that the moulds actually belonged to the buyer and it was arrangement made between the parties to avoid payment of Excise duty. No evidence in respect of such assertion has been produced. Revenue has not been able to establish that the moulds belonged to the buyer of the material. In absence of this evidence, the value of moulds cannot be separately included in the assessable value of the goods. The appellants have been able to show that the moulds were purchased by them years ago and the same were used to manufacture and clear the goods to the buyers for a considerable period of time - the allegation made by the Revenue regarding inclusion of the price recovered in the sale of moulds in the assessable value cannot be upheld. Appeal allowed.
|