1997 (12) TMI 286

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.... Shri M. Ali, JDR, for the Respondent. [Order per : G.A. Brahma Deva, Member (J)]. -  Whether the following items are to be excluded in determining the assessable value is an issue to be considered in this case :- (i) Feasibility; (ii) Installation; (iii) Consultancy; (iv) Demonstration; (v) System Analysis or designing; (vi) Services; ....

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....ribunal in the case of CCE & C, Vadodara v. ORG Systems, reported in 1997 (73) ECR 479. 3. Shri Srivastava countering the arguments submitted that whether feasibility charges were optional or otherwise was not substantiated before the authorities below. As regards system analysis of designing charges and service charges, there are contrary decisions of the Tribunal whereby it was held that....

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....t excludible, is not forthcoming with reasoning. She observed that these activities/services clearly promote the marketability of the goods relying upon the Bombay Tyre International case but without examining whether these charges have a nexus to the design or marketability of the product in view of the developed case law on these issues. In spite of the specific plea taken by the assessee that f....