2006 (5) TMI 227

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....ppellant. Shri H.C. Verma, DR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellants are a manufacturer of tractors which are liable to duty on the basis of their value. They sold the tractors to dealers and adopted their sale price to the dealers as assessable value for discharging Central Excise duty. 2. Subsequently, two show cause notices were issued to t....

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....venue's contention that dealers were being given commission. The basic evidence relied upon by the Commissioner is Circular dated 17-10-96 of the appellant. 4. We have perused record and heard both sides. The contentious Circular may be extracted: "                       &n....

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....r margin while reselling the tractors. This Circular, to our mind, gives no room for a finding that the appellants' buyers are commissioning agents and not dealers. Or that the appellant is giving any commission to its first buyers. Evidently, the transaction between the appellant manufacturer and the first buyers are outright sales on principal to principal basis. Section 4 of the Central Excise ....