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2010 (10) TMI 312 - CESTAT, NEW DELHIDemand - Classification - Valuation - Transaction value - it was noticed that the appellants were not including the cost of drums supplied by the buyers of malto dextrine syrup in the assessable value while determining the duty liability - It further proceeds to enumerate the factors elements which are to be included in addition to the price to determine the assessable value as the law contemplates by section 4 of the Act - Undoubtedly, such collection of charges by the dealer could also be to the advantage of the dealer to discharge post sales obligations/liability arose under contract of sale - The expression ‘transaction value’ is the guiding principle in the process of ascertaining the assessable value of a product - Being so, the contention that the value of the packing material supplied by the buyer of malto dextrine syrup w.e.f. 1-7-2000 would not form part of the assessable value cannot be accepted Regarding the benefit of the exemption Notification No. 313/1977-C.E., dated 8-11-1977 - Merely because both the products are classifiable under the same chapter heading, it does not permit the Tribunal or the statutory authorities to expand the scope of exemption notification Regarding the limitation - The investigation carried out by the department revealed for the first time on perusal of the invoices on 12-7-2002 that the appellants had not included the cost of the drum supplied by the buyers of the malto dextrine in the assessable value of the final product Regarding penalty - the various decisions delivered by the different Benches of the Tribunal were contrary to the view taken by the Larger Bench of the Tribunal on the point of concept of the transaction value - Appeal is partly allowed
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