M/S Brindavan Beverages Ltd. Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:

1. this is an appeal filed by the department. the issue relates to valuation. according to the department some of the expenses are tobe added to the value of the goods cleared by the appellants. on the other hand it was brought to our notice that factory gate price was duly approved and it is settled position now that as long as factory gate price is ascertainable that should be taken as basis in determining the assessable value. this position has been clearly analysed by the supreme court in the case of indian oxygen ltd reported in 1988 (36) elt/723(s.c.). in view of this settled position, we do not find any infirmity in the impugned order. accordingly, appeals are dismissed.

Judgment:

1. This is an appeal filed by the department. The issue relates to valuation. According to the department some of the expenses are tobe added to the value of the goods cleared by the appellants. On the other hand it was brought to our notice that factory gate price was duly approved and it is settled position now that as long as factory gate price is ascertainable that should be taken as basis in determining the assessable value. This position has been clearly analysed by the Supreme Court in the case of Indian Oxygen Ltd reported in 1988 (36) ELT/723(S.C.). In view of this settled position, we do not find any infirmity in the impugned order. Accordingly, appeals are dismissed.