2004 (5) TMI 350

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.... Shukla, Advocates, for the Appellant. Ms. K.A. Mishra, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T). - The appellant is a manufacturer of refrigerator. The issue that has arisen for decision is whether separately recovered warranty charge is includable in the assessable value of the refrigerator. 2. The facts in brief are that one-year warranty goes with the sale....

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....arately indicated. The learned Counsel contended that once the transaction is according to written documents (sale warranty documents in the instant case) the terms of that document govern the transaction between the parties and a contrary claim is not sustainable. He has referred to the decision of the Hon'ble High Court at Guwahati in the case of Bhattacharjee Brothers v. Superintendent of Taxes....

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....Counsel has referred to the following decisions also in support of his submission that cost of additional warranty is not to form part of the assessable value. 1.      Shriram Industrial Enterprises v. C.C.E., Hyderabad - 2000 (125) E.L.T. 1278 affirmed by Hon'ble Supreme Court in 1999 (111) E.L.T. A129 2.      Webel Nicco Electronics v. C.C.....

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....g in the impugned order is contrary to the specific terms of the contract. That apart, the learned Counsel also took us to some transactions where certain buyers have not opted for the additional warranty. We were also shown some transactions where the appellant returned the amount charged for the optional warranty, since the ultimate customer had not opted for the warranty. 6. We also fin....