TaxTMI 
TaxTMI 
1998 (8) TMI 288
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.... Ltd. (for short, NTPC). The wagons were manufactured by the appellant who also purchased or imported "capital spares", "mandatory spares" and "special tools", etc. for supply to NTPC. The dispute arose on a price list filed by the appellant. The price list declared the assessable value on the basis of the value of 72 wagons required to be manufactured and supplied. The price list was approved by directing that the price of capital spares, mandatory spares, special tools and equipment also covered by the same contract would be included in the assessable value of the Railway Wagons. This order, having been confirmed by the Collector (Appeals), the appellant has filed the present appeal. A copy of the contract is seen at pages 14 to 28. The c....
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.... immaterial whether they were manufactured by the appellant or were bought-out items. These assertions made by the appellate authority do not find any basis in the show cause notice, nor are these assertions supported by any materials on record. 4. There is no dispute that appellant had paid duty on the price of the wagons, as such, manufactured and supplied to NTPC. The dispute is about certain other goods included in the contract. Page 2 of the contract shows that the appellant was required to supply 72 wagons, certain "capital spares", certain "mandatory spares" and two sets of special tools and equipment. The spares under the heading "capital spares" in the contract were six bogies complete in all respects including wheel axle set....