Assessable value includes essential packing cost when packing is necessary for factory-gate delivery of excisable goods.

Packing cost is includible in the assessable value where the packing is essential for delivery of excisable goods at the factory gate and is not merely secondary packing. On the concurrent factual findings that the torches required such packing for wholesale delivery, the settled valuation principle applied and the duty demand based on inclusion of packing cost was sustainable. The discussion also reflects that concurrent findings on this factual issue would not ordinarily be disturbed in second appeal.

---

---

Issues: Whether the cost of packing used for torches cleared during the relevant period was includible in the assessable value for duty purposes.

Analysis: The packing was found, on concurrent factual findings of the lower authorities, to be essential for delivery of the goods in wholesale trade at the factory gate and not merely secondary packing. In such circumstances, the settled principle that necessary packing cost forms part of assessable value applied.

Conclusion: The cost of packing was includible in the assessable value, and the duty demand based on such inclusion was sustainable.

Ratio Decidendi: Where packing is essential for delivery of excisable goods at the factory gate, its cost forms part of the assessable value; concurrent findings of fact on that issue will not ordinarily be disturbed in second appeal.

---