2015 (6) TMI 909 - SCH - Central Excise

Appeals dismissed for filing delay, issue preserved for review.

The SC dismissed appeals for a 245-day filing delay but preserved the raised issue for future review. - 2015 (318) E.L.T. A39 (SC) Dispute in Transaction Value - Demo cars vs Normal cars sold by dealers - Held that:- Earlier tribunal vide judgment [2011 (7) TMI 1044 - CESTAT CHENNAI] dated 8-11-2011 held that the assessees have not been able to demonstrate any difference between the ‘demo cars’/’normal cars’ sold through dealers. The ‘demo cars’ are put to test and usage as desired by prospective buyers and the assessees also permit such usage to enhance the marketability of their cars. In these circumstances, the transaction value cannot be accepted and comparable price adopted for other cars (other than ‘demo cars’) has correctly been adopted and differential duty charged thereon. We, therefore, uphold the duty demands together with interest but set aside the penalties imposed on the ground that the penalty is not warranted as the assessees received and paid the duty on the transaction value and the demands are also within the normal period of limitation. - SC dismissed the appeal on the ground of delay of 245 days. The Supreme Court dismissed appeals due to a delay of 245 days in filing but kept the raised issue alive for future consideration.