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Central Excise - Highlights / Catch Notes

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Valuation - inclusion of advertisement and publicity expenses ...

Central Excise

March 27, 2024

Valuation - inclusion of advertisement and publicity expenses incurred by the dealers as per the terms and conditions of the dealership agreement mutually agreed between the appellant and their dealers, in the assessable value of the vehicles sold by the appellant - The Tribunal found that the dealership agreement did not impose an enforceable right on the appellant to require dealers to incur specific advertisement expenses. It concluded that since the expenses were incurred at the dealers' discretion and the sale price of vehicles to dealers was unaffected by whether dealers chose to advertise, such expenses should not be included in the assessable value.

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