TaxTMI 
TaxTMI 
2005 (7) TMI 102
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....ssable value? 2.For the sake of convenience, we mention hereinbelow the facts in Civil Appeal No. 772 of 2001, in the case of Commissioner of Central Excise, Meerut-I v. Bisleri International Private Limited (formerly known as M/s. Coolade Beverages Ltd.). 3.M/s. Coolade Beverages Ltd. (hereinafter referred to as "the assessee") were manufacturers of aerated waters. The manufacturing activity of the assessee basically consisted of bottling. The assessee obtained the concentrate (raw material) for aerated water from a subsidiary of Coca Cola Corporation. The name of that subsidiary was M/s. Britco Food Company Ltd. (hereinafter referred to as "M/s. Britco"). The assessee sold the bottled aerated water to the wholesale dealers. 4.The....
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.... application to the facts of the present case. 6.The Commissioner accepted the submissions of the assessee and dropped the duty demand contained in the show cause notice. 7.So far as the price support incentive was concerned, the Commissioner held that the credit notes were not received from the buyers of aerated water; that they were received from M/s. Britco (supplier of concentrate); that the credit notes were received from M/s. Britco on account of reduction in the price of the concentrates and, therefore, the question of including the amount received under such credit notes in the assessable value did not arise. The Commissioner further held that no additional consideration had flown directly from the buyers of aerated water and,....
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....l to the Customs, Excise & Gold (Control) Appellate Tribunal (hereinafter referred to as "the Tribunal"). By impugned decision, the Tribunal confirmed the order of the adjudicating authority (Commissioner). Hence, this Civil appeal. 10.Mr. Rajiv Datta, learned senior Counsel appearing on behalf of the department submitted that the assessee had reduced their wholesale price on instructions of M/s. Coca Cola Company in order to lower the incidence of excise duty; that this reduction in price of aerated water was compensated by issuance of credit notes by M/s. Britco (subsidiary of M/s. Coca Cola Company); that the giving of price support incentive by M/s. Britco to the assessee constituted additional consideration which in turn depressed t....
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....olesale basis and at the time and place of removal. 12.It is for the department to examine the entire evidence on record in order to determine whether the transaction is one prompted by extra-commercial considerations. It is well settled that under Section 4 of the said Act, as it stood at the material time, price is adopted as a measure or a yardstick for assessing the tax. The said measure or yardstick is not conclusive of the nature of the tax. Under Section 4, price and sale are related concepts. The "value" of the excisable article has to be computed with reference to the price charged by the manufacturer, the computation being made in accordance with Section 4. In every case, it will be for the revenue to determine on evidence - wh....