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2015 (9) TMI 1209 - CESTAT MUMBAI

2015 (9) TMI 1209 - CESTAT MUMBAI - 2015 (330) E.L.T. 694 (Tri. - Mumbai) - Valuation - Held that:- Coca Cola (India) Ltd. was required advertise the product of the respondent along with their own product. It was obligatory on the part of the buyer to advertise the respondent's product in all advertising done by Coca Cola (India) Ltd. on television and press. We also have gone through the show-cause notice and we find that the price offered to Coca Cola (India) Ltd. are in the range 35% to 55% o .....

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count schedule so as to justify such low values due to higher quantity. Similarly, respondent has not been able to product any costing data relating to packing so as to justify such lower values. - Decided in favour of Revenue. - Appeal No. E/1019/05-Mum, E/CO/327/05 - Final Order Nos. A/2999-3000/2015-WZB/EB - Dated:- 7-9-2015 - P. K. Jain, Member (J), J. For the Appellant : Shri N N Prabhudesai, Supdt (AR) For the Respondent : None ORDER Per P K Jain The brief facts of the case are that the re .....

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a (India) Ltd. who was to place orders directly to respondent and settle the account. It was observed that the price at which the confectionary items were being sold to bottlers of Coca Cola (India) Ltd. / or Coca Cola India Ltd. were in the range of 35% to 55% of the normal wholesale price of similar goods being sold to other wholesale dealers. Revenue therefore was of the view that the normal price of the goods at which these items are being sold to other customers should be taken and accordin .....

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s) has accepted the price on two grounds i.e. the industrial consumer is also a type of wholesale buyer and since they were buying the goods in huge quantity the value cannot be rejected. The other factor that weighed with the Commissioner (Appeals) packing of goods sold to Coca Cola (India) Ltd. was different and therefore the declared price should be accepted. 2. Ld. AR submitted a copy of the agreement with Coca Cola (India) Ltd. and the respondent to prove that it was obligatory on the part .....

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ring down prices to 35% to 55% charged to other wholesale dealer and respondent has not produced any quantity discount schedule to support the contention. In the absence of any quantity discount schedule, the difference in price cannot be considered due to quantity. It was further submitted that so called as different packing will not make any difference in prices. As can be seen from the4 details in the notice that all that was done is that the respondent had asked 24 items to be packed in each .....

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1834 of 2006 has held that any additional consideration is required to be added for arriving at the assessable value. He particularly emphasised para 17 and 19 of the said judgment to support his contention. Ld. AR further submitted that this Tribunal in the following two case laws has taken the view that advertisement and publicity charges are additional consideration and submitted that in view of the same the value needs to be added. - CCE vs. R. Gac Electrodes P. Ltd. 1988 (33) ELT 485 - Kill .....

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that the promotion scheme is called as "Coca Cola Promotion with Mint-o-fresh" cannot be called a promotion scheme for Mint-o-fresh and is a scheme for promotion in respect of Coca Cola alone. Respondent submitted following case law in support of the contention that the value declared must be accepted. a) Chetan B. Thadani vs. UOI 1987 (30) 287- BOM b) M/s. Brake India Ltd. 1998 (33) ELT 654 c) Standard Electric Appliances 1987 (23) ELT 302 4. We have considered the submissions made by .....

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I) Ltd. and Candico shall deal directly with the bottlers on delivery, payment and other related issues. ... ... 4. Media: CCI shall advertise the Mint-o-singles pack in all its advertising for the promotion on TV and press." From the above agreement, it is very clear that Coca Cola (India) Ltd. was required advertise the product of the respondent along with their own product. It was obligatory on the part of the buyer to advertise the respondent's product in all advertising done by Coc .....

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