TaxTMI 
TaxTMI 
1997 (1) TMI 304
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...., for the Respondent. [Order per : Justice U.L. Bhat, President]. - Appellant, engaged in the manufacture of Two-wheelers, has wide a net-work of wholesale dealers. On the basis of price list provisionally approved appellant was clearing the goods on payment of duty. Subsequently, the department came to know that some extra amount was being collected by appellant from the dealers as advertiseme....
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....sters, cinema slides and other media of advertisement. Appellant was receiving security deposits from the wholesale dealers and the contribution of the wholesale dealers for the advertisement campaign was being adjusted. According to the show cause Rs. 12,50,000/- or so was thus collected from the wholesale dealers. Both the lower authorities held that the advertisement campaign contributed to the....
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.... spend upto 2% of the total purchases for advertisement and 1.5% was to be returned by the dealers to manufacturer and the dealers were to bear 0.5%. The department took the stand that this amount of 0.5% should be added to the assessable value. The Tribunal did not accept this view as correct. The advertisement through newspaper media, cinema slides and the like was basically for the manufacturer....