TaxTMI 
TaxTMI 
2004 (1) TMI 72
X X X X Extracts X X X X
X X X X Extracts X X X X
....the warranty period. The question is whether this amount is to be included while calculating the assessable value of the diesel engine. The Assistant Commissioner by his order dated 1st December, 1987 held as a finding of fact that the amount of Rs. 300/-, which was realised, was nothing but a recovery towards 'after sales service charges' to promote the marketability of the goods. The Appeal filed by the respondents was dismissed by the Commissioner (Appeals) on 11th October, 1989. While so dismissing a finding is given to the following effect :- "... In the circumstances, their plea that the security deposit in question is on account of installation work and hence should not be included in the assessable value is not factually c....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... installation and training was merely a camouflage in order to avoid including these charges in the assessable value. CEGAT has no where concluded that this finding of fact was incorrect. If factually there was no installation then there was no question of such charges being excludable from the assessable value. The two authorities below have given a categoric find on this aspect and the same has not been controverted by CEGAT. It was also not shown to us that there was any material to indicate that those findings were incorrect. Therefore, CEGAT excluding the amount of Rs. 150/- on the ground that it was charges towards installation and training, cannot be sustained at all. 3.The other amount of Rs. 150/- is, as stated above, for labour c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er the new Section 4(1)(a) is not ascertainable, the price is determined under the old Section 4(b) or the new Section 4(1)(b). Now, the price of an article is related to its value (using this term in a general sense), and into that value have poured several components, including those which have enriched its value and given to the article its marketability in the trade. Therefore, the expenses incurred on account of the several factors which have contributed to its value up to the date of sale, which apparently would be the date of delivery, liable to be included. Consequently, where the sale is effected at the factory gate, expenses incurred by the assessee up to the date of delivery on account of storage charges, outward handling charges....