Commissioner of Central Excise, Vs. M/S. Brakes India Ltd. - Court Judgment

Excerpt:

this appeal is filed by the revenue. whether excise duty paid on raw-material, if modvated, is to be included in determining the assessable value is an issue to be considered in this case. we find that the issue involved is no longer resintegre in view of the fact that larger bench of the tribunal has taken the view that some cannot be included in determining the assessable value (1996 (81) elt/676).the view taken by the tribunal was upheld by the supreme court as reported in 1999 (112) elt 357. in view of this settled position, the appeal filed by the revenue is hereby dismissed.

Judgment:

This appeal is filed by the Revenue. Whether excise duty paid on raw-material, if modvated, is to be included in determining the assessable value is an issue to be considered in this case. We find that the issue involved is no longer resintegre in view of the fact that larger Bench of the Tribunal has taken the view that some cannot be included in determining the assessable value (1996 (81) ELT/676).

The view taken by the Tribunal was upheld by the Supreme Court as reported in 1999 (112) ELT 357. In view of this settled position, the appeal filed by the revenue is hereby dismissed.