2007 (11) TMI 106

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....)]. - 1.  M/s. Praxair India (P) Ltd. [hereinafter referred to as 'the assessee'] are engaged in the manufacture of oxygen and nitrogen gases. They had entered into an agreement with M/s. Kalyani Ferrous Industries Ltd. [M/s. KFIL, for short] for supply of the said products through pipeline to the latter. As per the agreement, M/s. KFIL were under an obligation to purchase from the assessee s....

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....mpensation for the assessee and therefore the 'MTOP' charges received by them from M/s. KFIL would not form part of the assessable value of the goods. In the result, the demand of differential duty was vacated. Hence the Revenue's Appeal No. E/72/2005. 2.  The assessee had collected MTOP amounts from M/s. KFIL for certain other periods as the latter had failed to purchase the minimum guara....

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....he minimum guaranteed quantity of the excisable goods [Oxygen Nitrogen etc.] were not additional consideration for the goods actually sold and hence not to be included in assessable value vide Jindal Praxair Oxygen Co. Ltd. v. CCE, Belgaum [2007(208) E.L.T. 181 (Tri-Bang.)]. In the case of Inox Air Products Ltd. v. CCE [2001(134) E.L.T. 224 (Tri. - Mum.)] also, it had been held that the compensati....