TaxTMI 
TaxTMI 
2018 (11) TMI 740
X X X X Extracts X X X X
X X X X Extracts X X X X
....is appeal has been filed by M/s Noble Plastics Industries against confirmation of demand of Central Excise duty, interest and imposition of penalty. 2. Ld. Counsel for the appellant pointed out that they are engaged in manufacture of Plastic items for which they are using Blow Moulding, Injection Moulding process. For manufacture of goods, they require moulds which they purchase on their own. The....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed that in these circumstances at the time of clearance of goods, the value of materials was already included in the sale price of the appellant. In these circumstances, there is no case for inclusion of the cost of moulds again in the assessable of goods already cleared by them. 3. He further pointed out that these moulds were not supplied free of cost by the buyers to them but were their own pu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mple arrangement between the buyers and the appellant to avoid inclusion of the value of moulds. 6. We have gone through the rival submissions, we find that it is not under dispute that the moulds were originally purchased by the appellant. The entire case of the Revenue is based on the assumption that the moulds actually belonged to the buyer and it was arrangement made between the parties to av....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ld the allegation made by the Revenue regarding inclusion of the price recovered in the sale of moulds in the assessable value. However, in so far as the use of moulds by the appellant in case of Penzoil Quaker State, after the sale of the said moulds is concerned, the appellant have already admitted the liability and have paid the duty. In these circumstances we allow the appeal to the extent tha....