Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the value of tyres, discs, tubes and flaps supplied by customers and fitted to trailers before clearance was includible in the assessable value, and whether such inclusion crossed the SSI exemption ceiling under Notification No. 1/93-C.E.
Analysis: Bought-out items are not includible in assessable value merely because they are essential for the functioning of the manufactured goods. However, where such items are fitted or attached to the finished goods before clearance and are cleared as a complete product, their value forms part of the assessable value. On such inclusion, the turnover exceeded the prescribed SSI limit.
Conclusion: The value of the fitted bought-out items was includible in the assessable value, and the demand restored to the original amount was sustainable. The appeal was therefore allowed in favour of the Revenue.
Final Conclusion: The reduction of duty by excluding the value of fitted bought-out items was unsustainable, and the original duty demand stood revived.
Ratio Decidendi: Bought-out items supplied for use with manufactured goods are includible in assessable value when they are fitted or attached to the goods before clearance as part of a complete product.