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CCE Nashik Versus Mahindra & Mahindra Ltd.

2015 (12) TMI 1353 - CESTAT MUMBAI

Valuation - clearance of goods to own sister concern - inclusion of selling and distribution of expenses and expenses incurred by the corporate office at Nashik during the period October 1997 to June 2000 - Held that:- Issue is no more res integra in .....

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dated 13.02.2003 - impugned order is correct and legal and does not suffer from any infirmity. - Decided in favour of assessee. - Appeal No. E/1999/05 With E/CO-344/05 - Dated:- 3-11-2015 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. Mathew, M .....

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SK/ APL/2005 dated 28.02.2005. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding the inclusion of selling and distribution of expenses and expenses incurred by the corporate office at Nashik during the perio .....

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e that respondent should have included the cost of selling and distribution expenses and expenses incurred by the corporate office in the assessable value and discharged their duty liability. The first appellate authority, in appeal before her, held .....

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appeal filed by Revenue on identical issue, held that the provisions of CAS-4 will apply not only prospectively but also for the period prior to issue of Board s Circular dated 13.02.2003. We reproduce the relevant paragraphs. 4. The case was adjudi .....

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nation of cost of production in a case of stock transfer of goods. Similarly the Institute of Cost and Works Accountants of India had also issued guidelines (CAS 4) for determination of cost of production wherever the goods are captively consumed are .....

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ing cost, and Administrative Overheads relating to production. Administrative Overheads relating to other activities such as marketing, projects management, corporate office expenses etc. cannot be included in the cost of production. The CBEC itself .....

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lusion that Head office administrative expenses, selling and distribution costs, interest etc. are not includable in the assessable value of product used in captive consumption. As regards expenses on account of research and development charges, the .....

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