2004 (12) TMI 173

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..... ed in this Appeal filed by M/s. Siddhartha Tubes Ltd. relates to the determination of assessable value under Section 4 of the Central Excise Act. 2. Shri Bipin Garg, learned Advocate submitted that the Appellants manufactured MS black and Galvanised Pipes; that they are procuring orders through M.P. Laghu Udyog Nigam Ltd. and paying the certain amount to the said Nigam known as Service charges fo .....

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..... the cost of socket fitted on pipes to enable their joining with other pipes with a view to obtain a pipe of required length is includible in the assessable value; as the pipes cannot function as pipes without the sockets; that the Tribunal has also held that the service charges paid by them to M.P. Laghu Udyog Nigam Ltd. is includible in the assessable value in view of the decision of the Tribuna .....

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..... at the quantum of duty has to be recomputed by the Adjudicating Authority by treating the price as cum-duty-price. We also agree with the learned Advocate that if the cost of the Socket is to be included in the assessable value, they are eligible to take the Modvat credit of the duty paid on such socket. The Modvat credit of the duty paid on socket will be available to the Appellants subject to th .....

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