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2005 (1) TMI 550

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..... y the Revenue, the issue involved is whether development charges are to be included in the assessable value of the goods supplied to DRDL. 2. When the matter was called, no one was present on behalf of the respondents. Shri G. Jagadish Chander, Dy. General Manager (Finance) of the respondents, had requested adjournment of the matter as their Counsel has to attend to some other cases at SRB, Bang .....

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..... as the assessable value. The Commissioner (Appeals), however, in the impugned order has allowed the appeal filed by the respondents on the ground that the amount of Rs. 36,65,000/- was designing and development of the cooling system which respondent had not supplied to their customers. It is the contention of the Revenue that development charges are to be included in the assessable value of the g .....

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..... system itself. Thus they have supplied the goods after incurring development charges which are to be included in the assessable value of the excisable goods supplied by them. Following the ratio of the decision in the case of Kirloskar Cummins Ltd. (supra) we hold that the development charges are includable in the assessable value of the goods. The appeal of the Revenue is allowed. (Order dicta .....

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