TMI Blog2019 (7) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... t The value payable in a case where liquidated damages is applied would therefore be the consequent value and this would constitute the transaction value . Time limitation - HELD THAT:- Since the issue involved is interpretation of Section 4, therefore, there were various contrary decisions and for this reason also the matter was referred to Larger bench and finally in 2013, the Larger Bench h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Due to delay in lifting the goods by the buyer, they have amended the purchase order according to which the buyer is under obligation to pay an amount of ₹ 3,50,000/- per month towards storage charges, if the goods is not lifted within the stipulated time period. There is one more demand of ₹ 1,24,923/- on the cost of air lifting of the component from Mitsubishi Japan to their premise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Del.) Spring Fresh Drinks 1991 ((54) ELT 333 (Tri.) As regard limitation, he submits that there is no malafide intention in non inclusion of the storage charges in assessable value as the purchase order was amended by Reliance Industries Ltd to this effect. He submits that the condition of these storage charges was applicable only for limited period, therefore, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at duty on air lift charges, the appellant is not contesting the demand, hence the same is upheld. As regard the storage charges, we find that on merit, the issue is covered by this Tribunal Larger Bench Judgment in the case of Victory Electricals Ltd. (supra). However, on the issue of limitation, we find that since the issue involved is interpretation of Section 4, therefore, there were various c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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