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1988 (7) TMI 59 - SC - Central ExciseWhether the price should include all the cost of packing and packing charges in terms of Section 4(4)(d)(i) of the Act? Held that:- White interpreting this word, we must clear in mind that what section 4(4)(d)(i) excludes from computation is cost of packing which is of a durable nature and is "returnable by the buyer to the assessee". The packing must be one which is returnable by the buyer to the assessee and obviously that must be under an arrangement between the buyer and the assessee. It is not the physical capability of the packing to be returned which Is the determining factor because, In that event, the words "by the buyer to the assessee" need not have found a place in the section; they would be superfluous. In the facts found and the expressions used in Section 4(4)(d)(i) of the Act which have been set out hereinbefore, there being no evidence of the agreement that the cartons and gunny bags were returnable, we are of the opinion that the Tribunal came to the correct conclusion. This appeal fails and is rejected accordingly.
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