Assessable value of chassis includes supplied tool kits on a prima facie basis; stay granted against the appellate order.

For stay purposes, the value of tool kits supplied with motor vehicle chassis was treated as prima facie includible in the assessable value of the chassis. The analysis relied on a Patna HC decision holding that such tool kits were not eligible for Modvat credit and noting inclusion of their value in the chassis valuation; the dismissal of the Special Leave Petition against that decision reinforced the prima facie view that the challenged order was not sustainable in law. On that basis, stay of operation of the Collector (Appeals) order was granted.

---

---

Issues: Whether, for purposes of stay, the value of tool kits supplied with motor vehicle chassis was prima facie includible in the assessable value of the chassis.

Analysis: The stay request was considered in the light of the Patna High Court decision which had held that tool kits supplied with chassis were not eligible for Modvat credit and had also noticed inclusion of their value in the assessable value of the chassis. The dismissal of the Special Leave Petition against that decision was treated as supporting the prima facie view that the order under challenge was not acceptable in law.

Conclusion: Stay of operation of the Collector (Appeals) order was granted.

---