2018 (1) TMI 704

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....h Saharan, Advocate for the Appellants assessee Shri S K Bansal, AR for the Respondent Revenue ORDER Per: V. Padmanabhan: The present appeal is filed against Order in Appeal No. 362/2012 dated 21.11.2012. Disputed period is 2006-2007. 2. Brief facts of the case are that the appellant is engaged in the manufacture of transformers, copper coil and other goods classifiable under Chapte....

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....Saharan, and Shri S K Bansal, learned Counsels and perused the material available on record. Learned Counsel for appellant relied on the decision of Welspun Corporation Ltd. [2017-TIOL-1287-CESTAT-MUM]. 4. The definition of the term transaction value given under section 4(3)(d) of the Central Excise Act, 1944 allows the exclusion of any amount which is actually paid or payable in the nature of ....

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....ion of transaction value in Section 4(3)(d), such amount cannot be excluded from assessable value since it has lost the colour of tax being neither paid nor payable as tax. 6. We have considered the case law cited by the learned Counsel for the appellant i.e. M/s. Welspun Corporation Ltd. (supra). But we find that the facts of the present case are distinguishable from that of M/s. Welspun Corpo....