TaxTMI 
TaxTMI 
2007 (6) TMI 56
X X X X Extracts X X X X
X X X X Extracts X X X X
....of foot wear that including many varieties of shoes. The subject of dispute in the present appeals of the revenue is the valuation on of shoes sold to institutional buyers. 2. Section 4 of the Central Excise Act, 1944 is the main provision relating to the valuation of excisable goods which are subject to ad valorem rates of duty. The criterion for valuation under that section is the transaction v....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ale involved when bulk sales are made to institutional buyers. In adjudication, this view was upheld and duty demand was confirmed. But when the matter went before Commissioner (Appeals), he noted that the shoes in question also had MRP affixed on them and therefore, they were also required to be assessed under Section 4A. He specifically noted that the clearances were not under Rule 34 of the Wei....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nvoices and emphasized that the shoes under sales were the shoes manufactured by the respondent assessee under different brands like 'Windsor', 'Tip top' etc. and that these shoes were not specifically manufactured for the institutional buyers. He would also point out that the actual disposal of any given consignment is not a relevant consideration for the purpose of valuation. According to the ld....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ention that a bulk sale under a contract price to institutional buyers do not go outside the scope of valuation under Section 4A. He also points out that the Commissioner has correctly relied on the decision of the Tribunal in the case of CCE, New Delhi v. Ishaan Research Lab. reported in 2004 (172) E.L.T. 484. 18. A perusal of the record makes it clear that the appellant's supplies were not excl....