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1996 Supreme(SC) 1672

SUHAS C.SEN, S.P.BHARUCHA
Shriram Bearings – Appellant
Versus
Collector Of Central Excise, Patna – Respondent


(1) TWO issues arise in these appeals by the assessee against a judgment and order of Customs, Excise and Gold (Control) Appellate Tribunal.

(2) THE first issue relates to the value for the purpose of excise duty of ball bearings manufactured by the assessee. It was the case of the assessee that the ball bearings were complete when they consisted of the inner ring, the outer ring, the ball or rollers and the cage. Snap rings, sleeve lock devices, cup assemblies, oil seals, eccentric collars, dust shields, etc., were accessories and not necessary for the manufacture of the complete ball bearings. The Revenue, however, argued that the duty liability had to be determined at the time of clearance and the ball bearings had been actually removed from the appellants factory fitted with accessories. Therefore, the composite value thereof was the excisable value of the ball bearings. The tribunal upheld the contention of the Revenue on the basis that (i) the entire article was cleared as ball bearings; (ii) in the price list, invoices and catalogue, the assessee had quoted the item as ball bearings and the price for the entire article was stated; and (iii) no separate price w



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