2016 (1) TMI 918

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....ent appeals pertain to different units of Inox Air Products Ltd. Appeal no. E/3407, 3408/04 pertains to Inox Air Products Ltd., A/2, TTC Indl. Area, Pawne, Navi Mumbai. Appeal no. E/3482/04 pertains to Inox Air Products Ltd., A/5, MIDC Indl. Area, Patalaganga& E/483/05 pertains to Inox Air Products Ltd., C/109 & 110, TTC Indl. Area, Pawne, Navi Mumbai. 2. The brief facts of the case are that the respondent is engaged in the manufacture of Industrial gases such as oxygen and nitrogen. Such gases are delivered to the buyers at the factory gate and in most cases the buyers bring their own cylinders in which gases are delivered. However, some buyers do not bring their own cylinders for taking delivery of gases and in such cases respondent pr....

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....porting industrial gases. Further the concept of outward handling has a special meaning in the instant case. The cylinders are vehicles of outward handling as regards the industrial gases sold by the assessee. It is also submitted in Tribunals judgment in Grasim Industries has been challenged by the Revenue in the Hon'ble Supreme Court and the Hon'ble Supreme Court has referred the matter to the Larger Bench and hence pending in the Supreme Court. 4. Ld. counsel for the respondent relied upon the following case laws:- Inox Air Products Ltd. vs. CCE 2008 (232) ELT 2338 Inox Air Products Ltd. vs. CCE 2010 (250) ELT 60 CCE vs. Kanoria Chem & Inds. Ltd. 2010 (261) ELT 265 Grasim Industries 2004 (16....

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....ommissioner (Appeal) upheld the order of the lower authority. It was urged that the Commissioner (Appeals) has relied on the Boards Circular dated 1-7-2002 erroneously. The Commissioner (Appeals) has also stated that the issue has not reached finality because the Department has gone in appeal against the orders favourable to the assessee. It was stated that unless there is a stay of the orders of the tribunal, the same has to be followed in the true spirit of judicial discipline. On a plain reading of the definition of Transaction Value, it can be seen that only that amount, which is collected for sale or in relation to sale and which forms part of the sale value of the goods are to be included in the Transaction Value. The cylinder rental ....