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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether advertisement expenditure incurred by the buyer could be included in the assessable value of the excisable goods manufactured and sold by the assessee.
Analysis: The transactions between the assessee and the buyer were found to be on principal-to-principal basis, and no manufacturer-distributor relationship was established. The advertisement expenditure was incurred by the buyer and any benefit to the assessee was only indirect. On the reasoning adopted, such indirect benefit was insufficient to justify loading the advertisement charges into the assessable value.
Conclusion: The advertisement charges incurred by the buyer were not includible in the assessable value, and the department's appeal failed.
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