https://www.taxtmi.com/caselaws?id=51391 Valuation under Section 4 of the Central Excise Act, 1944 is analysed in relation to toilet soaps cleared by an assessee through a group structure. Advertising and sales promotion expenses borne by the joint venture are treated as includible where the arrangement is found not to be at arm's length and to reduce assessable value. By contrast, consideration under a non-compete covenant and a notional amount attributed to trade mark or brand use are treated as not forming part of assessable value on the facts stated. In provisional-assessment cases, proceedings under Section 11A are described as premature until final assessment, with the Mumbai notice and linked penalty proceedings unsustainable, while the Indore matter survives only for fresh quantification and consequential reconsideration. en-us Thu, 21 Feb 2002 00:00:00 +0530 Fri, 24 Sep 2010 14:31:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51391 Valuation under Section 4 of the Central Excise Act, 1944 is analysed in relation to toilet soaps cleared by an assessee through a group structure. Advertising and sales promotion expenses borne by the joint venture are treated as includible where the arrangement is found not to be at arm's length and to reduce assessable value. By contrast, consideration under a non-compete covenant and a notional amount attributed to trade mark or brand use are treated as not forming part of assessable value on the facts stated. In provisional-assessment cases, proceedings under Section 11A are described as premature until final assessment, with the Mumbai notice and linked penalty proceedings unsustainable, while the Indore matter survives only for fresh quantification and consequential reconsideration. Case-Laws Central Excise Thu, 21 Feb 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51391