1997 (8) TMI 225

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....waters. The adverse decision was taken on the ground that cost of such glass bottle which are packaging materials was not included by them in their price which formed the basis of assessment of duty. 2. Learned Consultant, Shri K.L. Rekhi, appearing on behalf of the appellants stated that out of total demand of Rs. 1,87,685/-, a sum of Rs. 1,19,448/- related to the period which was beyond six months prior to the date of the show cause notice and was hence barred by limitation since the elements of suppression, wilful mis-statement, etc. were totally absent. The notice was issued on 26-9-1994 whereas the credits in question had been taken in the month of March, 1994, the last of which was on 23-3-1994. At the material time, the relev....

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....ld show that they had actually recovered this amount as price and not as rental charges which was consistent with the accepted principles of costing, in support of which he filed the relevant extracts from a publications entitled `Guide to Company Balance Sheet and Profit & Loss Account'. He concluded his argument, with the statement that the Commissionerate concerned as well as the neighbouring Commissionerates are granting relief by way of Modvat credit in such cases of assessment of aerated waters. He also invited my attention to the Board's instructions dated 23-1-1996 in respect of patterns supplied by the Customers to the manufacturers wherein it was held that there should be no addition to the assessable value on account of such patt....