U.L.BHAT, K.SANKARARAMAN
Photophone Industries (P. ) Ltd. – Appellant
Versus
Collector of Central Excise, Goa – Respondent
Per Justice U.L. Bhat :
The appeal is directed against the order in appeal No. 08/92 dated 12.12.92 passed by the Collector (Appeals) Bombay confirming the order in original No. 31/91 dated 30.7.91 passed by the Assistant Collector, Central Excise, Goa, approving price list No. 165/90-91 filed by the appellant and given certain deductions in the determination of assessable value.
2. The excisable product manufactured by the appellant is Photo Camera. The dispute in the appeal relates to admissibility to deduction of the cost of Instruction Manual, Freight and Insurance charges.
3. Instruction manual cannot be regarded as a component part of photo camera. So also leather case is not a component part of camera. Even assuming that manual and case are sold with every unit of camera, they cannot be regarded as component parts. Supreme Court in the case of Shriram Bearings Ltd. 1997 (91) ELT 255 (SC) has held that the cost of accessories even fitted to an excisable product at the time of clearance cannot be included in the assessable value of the product as they are not component parts. Hence we hold the deduction of the cost of manual and leather case would be admissible.
4. According
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