TMI Blog2015 (9) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... liability on the gel supplied free, hence there is no merit in the impugned order." - no merit in this appeal which is, accordingly, dismissed. - CESTAT has rightly decided the issue - Decided against Revenue. - Civil Appeal No. 227 of 2007, Civil Appeal No. 8549 of 2009 - - - Dated:- 9-9-2015 - Mr. A.k. Sikri and Mr. Rohinton Fali Nariman, JJ. For the Petitioner : Mr. A. K. Panda, Sr. Adv., Mr. Rupesh Kumar, Adv., Mr. Shankar Divate, Adv., Mr. Pratik, Adv., Mr. B. Krishna Prasad, Adv. For the Respondent : Mr. V. Lakshmikumaran, Adv., Mr. M. P. Devanath, Adv., Mr. R. Ramachandran, Adv., Ms. L. Charanaya, Adv., Mr. Aditya Bhattacharya, Adv., Mr. Hemant Bajaj, Adv., Mr. Anandh K., Adv. ORDER The respondent-assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. - (1) The Central Government may, by notification in the Official Gazette, specify any goods, in relation to which it is required, under the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such goods, to which the provisions of sub-section (2) shall apply. (2) Where the goods specified under sub-section (1) are excisable goods and are chargeable to duty of excise with reference to value, then, notwithstanding anything contained in section 4, such value shall be deemed to be the retail sale price declared on such goods less such amount of abatement, if any, from such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any excisable goods in packaged form in different areas, each such retail sale price shall be the retail sale price for the purposes of valuation of the excisable goods intended to be sold in the area to which the retail sale price relates. It is clear from the reading of sub-section (2) of Section 4 along with Explanation thereto that the MRP mentioned is to be the sole consideration in arriving at the transaction value at which the excise duty is payable. We are, therefore, of the view that the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT') has rightly decided the issue. The discussion in the order of the CESTAT is contained in paragraph 7 which reads as under: - We have gone ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
