TMI BlogValuation of imported Set top boxes under Section 4 of the Central Excise Act, 1944X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Central Excise/ Service Tax (All), Chief Commissioners of Central Excise/ Service Tax (All), Principal Commissioner of Central Excise/ Service Tax (All). Subject:- Valuation of imported Set top boxes under Section 4 of the Central Excise Act, 1944 reg. Madam/ Sir, Reference has been received in Board regarding assessment of CVD payable on set top boxes (STBs), when i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (RSP) of the goods. Honble Tribunal in this case in paragraph 7 has inter alia held that- ............. (k) retail package means the package which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages: Provided that for the purpose of this clause, the expression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of property for any consideration or there should be a transfer on the hire-purchase system or by any system of payment by any instalments. We find in the present case that there is no transfer of property or hire-purchase system involved nor there is a system of payment by instalments. Thus there appears to be no sale in the use of the Set Top Box by the ultimate consumer 3. After detai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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