2006 (5) TMI 4

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..... y sold the tractors to dealers and adopted their sale price to the dealers as assessable value for discharging central excise duty. 2. Subsequently, two show cause notices were issued to treat the margin of the dealers also as part of the assessable value. The ground taken was that the dealers were agent of the appellant and agent's commission is not to be deducted while fixing assessable value. .....

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..... us Circular may be extracted:                                                              &nb .....

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..... en the appellant manufacturer and the first buyers are outright sales on principal to principal basis. Section 4 of the Central Excise Act stipulates that normal sale price of a manufacturer would constitute assessable value. Excise duty has no concern with the resale price of goods, unless the first sale is vitiated on account of a factor mentioned in the Section or in the Valuation Rules. The pr .....

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