2004 (1) TMI 246

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e value of the Gases or not, after 1-7-2000 when the provisions of Section 4 were amended. The lower authorities have held that with the introduction of new Section with effect 1-7-2000, as the Cylinder Retention Charges are relatable to the sale of the Gas and therefore, the same are includible in the transaction-value. On the other hand, the appellants' contention is that the said issue is finally decided by the Hon'ble Supreme Court in their own case reported in 1988 (36) E.L.T. 730 and it was held that the appellants are engaged in the manufacture of clearance of sale of Gases and the charges recovered by the appellant company for the rent of the Cylinders, are ancillary and not an activity of manufacture. As such, it was held t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....linders on rental basis. The activity of supplying the Gases in Cylinders is not an activity relating to the manufacture of Gases. However, we find that with effect from 1-7-2000, new provisions of Section 4 were introduced. The relevant portion of the said Section is reproduced below :- "4(3)(d) : 'transaction value' means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or any other time, including, but not limited to, any amount charged for, or to make provision for advertising or publicity, m....