TaxTMI 
TaxTMI 
2005 (12) TMI 7
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....ed first. M/s. Viacom Electronics Pvt. Ltd. and M/s. Dixon Utilities & Exports Ltd. are manufacturers of Television sets. They manufactured and supplied colour Television sets to M/s. Baron International Ltd. who marketed those T.V. sets through dealers. The dispute is about valuation of the colour Television sets so marketed, during the period 16-9-97 to 31-5-98. 3.At the time of removal of sets from the factory, the assessable value of the Television sets was determined under Section 4A of the Central Excise Act. That Section provides for determination of assessable value based on Maximum Retail Price (MRP) affixed on the sets. In regard to the impugned T.V. sets the appellant-manufacturers declared the MRP as "RSP" (Retail Sale Price) a....
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....heme and clean sales was Rs. 2000/- or less. Another contention was that, in view of the disputes about assessable value in respect of exchange sales of television sets by other Television manufacturer as well, the Consumer Electronics and Television Manufacturer Association (CETMA) had urged in a letter dated 25-9-98 to the Chairman of the CBEC that the average price found for old Television sets should be adopted for loading the RSP of Television sets sold on exchange. That letter also indicated that an amount of Rs. 2000/- was the average price of second-hand Television sets in the Bombay market. The appellant, therefore, submitted that the MRP of exchange sale TVs be taken as printed RSP + Rs. 2000/- and duty liability determined accord....
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....tended that since CETMA had ascertained an amount of Rs. 2000/- as average value of old sets, and Revenue had no evidence to the contrary, the Commissioner's finding that Rs. 2000/- is the average price cannot be doubted. He has also pointed out that before re-sale of the old sets, they would require to be attended to by way of repair, refurbishing etc. Further, warranty is also offered. Another objection raised by the ld. Counsel against addition of Rs. 4500/- as canvassed by the Revenue is that, MRP so worked out, would go much above the MRP of comparable 'clean' sale identical sets. The contention of the ld. Counsel is that, since Revenue has not disputed the MRP of identical clean sale T.V. sets, there is no ground for seeking assessmen....
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....under the exchange scheme as well as under non-exchange scheme during the impugned period. The Assistant Commissioner reported that only 14W9 and 21W9 (as per the instruction manuals of 21W9, 21W9E & 21W9S are the same models only suffix having been introduced to make distinction between under exchange scheme and non-exchange scheme models), models of AKAI CTV were declared during the impugned period both under exchange as well as non-exchange schemes. That means the CTVs in the segments of 20", 25"and 29" screen size were not declared for sale under exchange as well as non-exchange schemes during the impugned period. In respect cf 14" CTV it is observed that the price under exchange scheme was Rs. 4990/-. The same model was declared under ....
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....the case of two sizes of Television sets. The difference in price was Rs. 2000/- in one case and Rs. 1010/- in the other. Commissioner adopted the higher amount for loading, being in revenue's favour. Further CETMA had reported that Rs. 2000/- is the average price of a second-hand set. The issue required to be considered was whether such addition yielded the normal MRP and a correct basis for the valuation of TV sets sold in exchange. The Commissioner reached the conclusion that addition of Rs. 2000/- per set yielded the correct MRP. Revenue challenges the correctness of that decision. We are not able to find any merit in the Revenue's case. At no stage in the proceeding, revenue contended that the MRPs (RSPs) affixed on the clean sale, TV ....