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1997 (4) TMI 78 - SC - Central ExciseWhether the goods are usually wrapped for making them marketable? Held that:- The value of the goods as defined in Section 4(4)(d)(i) is the "normal price" which means the price at which such goods will be ordinarily sold by the assessee to a buyer in course of wholesale trade. The duty will have to be levied on the packed goods at the time of removal from the factory. The goods together with packaging will have to be valued at that point of time on the basis of the wholesale price at which such packed goods are to be sold. It is only the duty payable on the packed goods which will have to be deducted from the wholesale price of the [packed] goods. Without any special rule or notification to that effect, the duty already paid on the packing material cannot be deducted at the time of clearance of the goods. Thus value of the wrapping paper along with the duty paid on the wrapping paper will have to be included in the value of the wrapped goods which are to be cleared. Appeal allowed.
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