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of <h1>Tribunal rules in favor of applicants on assessable value dispute</h1> The Tribunal ruled in favor of the applicants in a case concerning the correct assessable value of goods for duty calculation and an application for ... Stay/Dispensation of pre-deposit Applicants, as job-workers manufacturing P&P medicines for loan licensees, transferred goods to loan licensees' depots as stock transfers. Department held that assessable value should be the loan licensee's selling price rather than the price paid to the applicants and issued show-cause notices seeking duty (Rs. 29,79,137 and Rs. 30,00,000) with equal penalties. Tribunal noted that prima facie the job-workers are 'manufacturers' and their factory gate is a 'deemed factory gate', so the assessable value computed under the Apex Court decision in Ujagar Prints - 1988 (38) E.L.T. 535 (S.C.) operates as the deemed price for such 'deemed' sale. Consequently, the provisions of Section 4(1)(b) of the Central Excise Act were not prima facie attracted, and the transactions fell under Section 4(1)(a) even after amendment. A strong prima facie case was found; pre-deposit of duty (Rs. 59,79,217) and equal penalty were waived and recovery stayed pending appeal.
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