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Commissioner of C. Ex. and Cus. Vs. Bharat Forge Ltd.

Commissioner of C. Ex. and Cus. vs Bharat Forge Ltd.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Aug 25, 2000
~1 min read
https://sooperkanoon.com/case/19007

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided On
Subject
Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue
Service Tax

Parties & Advocates

Appellant / Petitioner

Commissioner of C. Ex. and Cus.

Respondent

Bharat Forge Ltd.

Legal References

Reported In
(2000)(122)ELT169Tri(Mum.)bai

Excerpt

1. the question for consideration in this appeal the includibility in the assessable value' of the cost of drawings supplied by customers for forged product manufactured by the respondent, has been settled by the tribunal in its decision in cce v. bharat forge, in e/776/95-a. the tribunal said that the assessable value could not include the cost of drawings supplied by customer.2. the departmental representative's contention that, had the drawings not been supplied, the assessee would have been required to incur expenditure in their development which would have then formed part of the assessable value, is not relevant. it is not the department's case the assessee was doing anything other than make forgings according to the dimension of the customers. it was in other words not engaged in design of the products, which it forged. these designs were made by someone else; the assessee's work was to make the forgings.

Full Judgment

1. The question for consideration in this appeal the includibility in the assessable value' of the cost of drawings supplied by customers for forged product manufactured by the respondent, has been settled by the Tribunal in its decision in CCE v. Bharat Forge, in E/776/95-A. The Tribunal said that the assessable value could not include the cost of drawings supplied by customer.

2. The departmental representative's contention that, had the drawings not been supplied, the assessee would have been required to incur expenditure in their development which would have then formed part of the assessable value, is not relevant. It is not the department's case the assessee was doing anything other than make forgings according to the dimension of the customers. It was in other words not engaged in design of the products, which it forged. These designs were made by someone else; the assessee's work was to make the forgings.

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