Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

2013 (12) TMI 164

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment with their customers which is called a Full Service Maintenance Agreement (hereinafter referred to as 'FSMA'). In terms of the said agreement, they charged 29 paise per copy and as and when any part of the photocopy develops a defect, the appellant would change the same free of cost. 3. During the relevant period, the appellant was changing the old and used photoreceptor drums, tonners, etc. The old photoreceptor drums were being brought back to the factory and were re-conditioned. Such re-conditioned drums were being sent to their customers. It is not necessary that the same old and used photoreceptor drums would be re-conditioned and sent to the same party. This was a continuous process. 4. A dispute arose between the appellant....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hem under an invoice to their depot from where they were being sent to their customer's premises for replacement. Inasmuch as no cost of the said goods was being recovered by them, there was no question of recovery of any excise duty. 7. While dealing with the contention of the appellant, the original adjudicating authority has observed that though it appears that the party has not passed incidence of excise duty to their customers but a deeper examination reveals that such recovery stands made by the appellant from their customers inasmuch as, they were collecting 29 paise per copy from their customers under the said agreement. Normal life of the drum is 50,000 copies for which the party collects Rs.14,500/- and the price of a new drum ....