2003 (7) TMI 604

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.... for the Appellant. Shri S.M. Tata, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellants manufacture and sell chlorine. Chlorine is delivered either in the metal containers brought by the buyers or in the metal containers, called tonner, owned by the appellants. When supply is in the containers owned by the appellants, the buyer is charged @ Rs. 150/- per MT fo....

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....us form a part of the assessable value remains settled by the decision of the Apex Court in the case of CCE v. Indian Oxygen Ltd. [1988 (36) E.L.T. 730 (S.C.)] and the clarification dated 7-7-89 issued by the Central Board of Excise and Customs. As against this, ld. SDR brings to our notice the clarification issued by the Board in the context of the introduction of new section for valuation w.e.f.....

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.... which can be used repeatedly the cost will have to be amortized over the life span of the packing material as is done in the case of dies, moulds, etc., supplied by the buyer." It is the submission of the ld. SDR that the new section has specifically included the cost of metal containers also. 3. We are of the prima facie view that the Supreme Court's decision in the case of Indian Oxy....