1997 (3) TMI 241

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...., Advocate, for the Respondents. [Order per : S.K. Bhatnagar, Vice President]. - This is a department appeal against the order of Collector (A), Madras dated 16-1-1987. 2. Ld. DR drew attention to the order of Collector (A) and the grounds of appeal mentioned in the appeal memo filed by the department. 3. He further stated that the respondents were manufacturers of tractors. ....

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.... sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal; hence the assessable value of the quantity diverted was required to be determined with reference to the price at which the respondents had sold such goods. And therefore, the order of the A.C. confirming the demand of differential duty issued on this basis was required to be confirmed a....

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....able value is required to be determined at the time of clearance of the goods from the manufacturer's premises and indicated in the AR 3. In this connection, he would like to rely on the Tribunal's order in the case of H.M.T. Limited reported in 1990 (45) E.L.T. 579 (Tribunal). 9. We have considered the above submissions. We find that valuation of excisable goods for the purposes of chargi....