2010 (2) TMI 1019

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l, Special Consultant, for the Respondent. ORDER The appellant, in this application, seeks waiver of pre-deposit and stay of recovery in respect of duty of over Rs. 21 crores demanded by the Commissioner for the period from December, 2003 to November, 2008. After examining the records and hearing both sides, we note that, during the said period, the appellant had not included "Pre-Delivery I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rges were paid by the buyer to third parties on behalf of the assessee (manufacturer) and, therefore, the same are liable to be included in the assessable value of the vehicles in terms of the definition of 'transaction value'. Learned counsel for the appellant has contested this argument by submitting that there is a line of decisions of this Tribunal which held to the contra in favour of similar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-services received by dealers from buyers of the cars are to be included in the assessable value of cars in the light of the definition of 'transaction value' given in Section 4(3)(d) of the Central Excise Act." Learned counsel submits that the CBEC issued a circular transferring similar pending cases to "call book" in view of the above reference to larger bench as also in view of pendency of a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the interest of the Revenue under Section 35F of the Central Excise Act. In his rejoinder, learned counsel has pointed out that the referring bench of the Tribunal had also granted waiver of pre-deposit and stay of recovery while referring the issue to larger bench. We have found this submission to be factually correct. We also take note of the fact that, in view of the relevant issue pending befo....