2005 (7) TMI 165

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....er (T)]. - This is an appeal against Order No. 14/04, dated 28-9-2004 passed by the Commissioner of Central Excise Bangalore III Commissionerate. The brief facts of the case are as follows :- 2. The appellants manufacture P or P Medicaments. They have entered into agreement with Glaxo India Ltd., presently known as Glaxosmithkline Pharmaceuticals Ltd., (GIL) and Meghdoot Chemicals (MCL). The en....

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..... Rules. Further interest under Section 11AB has been demanded. 3. Shri M. Raghuraman and C.R. Raghavendra learned advocates appeared for the appellant. Shri R.V. Ramakrishnappa learned JDR appeared for the Revenue. 4. The learned advocates adduced the following arguments. (1)     Duty is payable on the transaction value. On the basis of the agreement entered between t....

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....L/MCL indicate the transaction value. The advertisement charges incurred by the buyer on behalf of the seller can be included but in the present case the goods bore the brand name of GIL/MCL. Therefore, we cannot come to the conclusion that GIL/MCL incurred the advertisement charges on behalf of the appellant. The definition of transaction value is reproduced herein below :- "Transaction value"....

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....ture the goods as per specification in the contract should pay duty on these charges. Moreover, the issue is clarified in the Board clarification mentioned (supra). We are reproducing the said clarification below :- Whether advertisement and publicity charges, borne by the dealers/buyers are to be excluded from the assessable value? However, where the brand name/copyright owner gets his good....