TMI Blog2009 (3) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... is the normal price negotiated in the course of wholesale trade. It is the correct price at the time and place of removal from the factory. The addition of the amount of 2% of the assessable value for working out the duty liability is totally subjective and imaginary and has no legal basis - appeal dismissed - decided against Revenue. - E/2100/2003 - A/173-174/2009-WZB/C-II/(EB) - Dated:- 24-3-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cost of drawings/specification supplied to them to compute the assessable value of these goods for the purpose of payment of Central Excise duty. 5. The Assistant Commissioner, Satara Division vide order-in-original dated 15-2-2000 confirmed the duty of Rs. 1,11,155.53 and imposed penalty of Rs. 10,000/-. 6. Being aggrieved with the said order, the assessee filed an appeal with the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pared or got prepared by the assessee from any other agency, its cost would have been taken into consideration while arriving at assessable value under Section 4 of the Central Excise Act, 1944. (iii) There are several judicial pronouncements on the issue of inclusion of drawing and designing charges in the assessable value. The consensus of the said judgments is that these charges are includibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1944. The drawings/designing charges are includible in the assessable value, if incurred by the assessee. In this case, the drawings/designs are supplied voluntarily by the customers, not being the additional consideration, the cost thereof is not includible in the assessable value of the goods. The price of the goods is the normal price negotiated in the course of wholesale trade. It is the corr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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