Valuation of imported Set top boxes under Section 4 of the Central Excise Act, 1944

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....(All), Chief Commissioners of Central Excise/ Service Tax (All), Principal Commissioner of Central Excise/ Service Tax (All). Subject:- Valuation of imported Set top boxes under Section 4 of the Central Excise Act, 1944 -reg. Madam/ Sir, Reference has been received in Board regarding assessment of CVD payable on set top boxes (STBs), when imported by a Direct to Home (DTH) broadcasting serv....

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....paragraph 7 has inter alia held that- "............. (k) "“retail package”" means the package which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages: Provided that for the purpose of this clause, the expression ‘'ultimate consumer'’ shall not inclu....

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....be a transfer on the hire-purchase system or by any system of payment by any instalments. We find in the present case that there is no transfer of property or hire-purchase system involved nor there is a system of payment by instalments. Thus there appears to be no sale in the use of the Set Top Box by the ultimate consumer” 3. After detailed analysis, Hon'ble Tribunal held that in the given....