TaxTMI 
TaxTMI 
1990 (10) TMI 201
X X X X Extracts X X X X
X X X X Extracts X X X X
....irm engaged in the manufacture of ammonia compressors falling under T.I. 29(A) of the erstwhile CET. During the period relevant for the purpose of this appeal, it was a small scale unit, holding L-4 licence & availing of exemptions available to S.S.I units from time to time. Price lists had been filed in Part I since 1981 & classification lists had been filed effective from 1-4-1983, showing exemption from duty for 1st clearances of ammonia compressors of Rs. 2.5 lakhs to be cleared by or on its behalf from one or more factories for home consumption during the period 1983-84 vide Notification No. 64/83 dated 1-3-1983 & exemption from SED under Notification No. 86/83 dated 1-3-1983. Exemption from duty in terms of Notification No. 80/62 was ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....6(b)(i) or 6(b)(ii) of the Valuation Rules. The Department has valued the compressors at Rs. 31,798.00 while the value declared by the assessee in the price list is Rs. 8,500.00. The value in each financial year has been taken into account as the value of compressors plus value of set of fittings. The value of compressors has been calculated on the basis of the price list of one M/s Sunder Singh & Sons and on the basis of market enquiry. Description 1981-82 1982-83 1983-84 1984-85 Value of compressor charged 2,88,000/- 2,06,500/- 2,24,500/- 15,000/- Value of accessories 15,50,172/- 11,86,500/- 13,63,890/- 82,000/- Total value charged for the compressor including the value of accessories 18,....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... The Central Excise Duty for the relevant period has been worked out as under: Year Rate of Duty BED SED 1981-82 (Aug. 81 onwards) 125% + 5% of BED 20,88,535.00 Rs. 1,04,426.75 1982-83 -do- 15,78,897.00 78,944.87 1983-84 from 1-4-83 to 30-9-83 of value of Rs. 4,42,018.00 50% of 125% plus 5% SED & (from 1-10-83 to 30-3-84 of value 9,94,240/- @ 50% of 80% BED plus 5% SED) 2,76,261.25 3,99,696.00 13,813.06 19,984.00 1984-85 upto 9-5-84 50% of 80% BED plus 5% SED 15,797.60 1,789.88 43,79,187.35 2,19,959.36 Grand Total Rs. 45,98,146.60 7. The stand of the Department is that the invoicing pattern reveals un....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... by purchasers such as M/s Dalal Ice Factory). 8. In the above circumstances, we rule out computation of assessable value in terms of Section 4, Rule 6(b)(i) is also ruled out as there are no comparable goods with genuine comparable prices. We are left with Rule 6(b)(ii). This rule has been resorted to by the Department and in the absence of costing data from the appellant, the annual assessable value has been arrived at after allowing abatement of selling prices of non-dutiable accessories which is not in conformity with Section 4 or Rule 6. We also find that, while allowing deduction in respect of only 6 items (supra), the value of all accessories supplied has been included while working out the assessable value of compressors. We are ....