TMI Blog2005 (7) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the Commissioner of Central Excise Bangalore III Commissionerate. The brief facts of the case are as follows :- 2. The appellants manufacture P or P Medicaments. They have entered into agreement with Glaxo India Ltd., presently known as Glaxosmithkline Pharmaceuticals Ltd., (GIL) and Meghdoot Chemicals (MCL). The entire production of these goods was purchased by the above mentioned cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i M. Raghuraman and C.R. Raghavendra learned advocates appeared for the appellant. Shri R.V. Ramakrishnappa learned JDR appeared for the Revenue. 4. The learned advocates adduced the following arguments. (1) Duty is payable on the transaction value. On the basis of the agreement entered between the appellants and GIL/MCL, the amount spent by GIL/MCL does relate to the transaction value. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncluded but in the present case the goods bore the brand name of GIL/MCL. Therefore, we cannot come to the conclusion that GIL/MCL incurred the advertisement charges on behalf of the appellant. The definition of transaction value is reproduced herein below :- "Transaction value" means the price actually paid or payable for the goods, when sold, and include in addition to the amount charged as pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Board clarification mentioned (supra). We are reproducing the said clarification below :- Whether advertisement and publicity charges, borne by the dealers/buyers are to be excluded from the assessable value? However, where the brand name/copyright owner gets his goods manufactured from outside (on jobwork or otherwise), the expenditure incurred by the brand name/copyright owner on adver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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