Supreme Court Round Up - Recent Decisions
CENTRAL Excise - Valuation - Section 4A - MRP - whether MRP based assessment applies to accessories.
The CESTAT had held, "The Commissioner has found that, as a matter of fact, woofer is not a part of Television set and that they are being cleared and sold separately. This was the case, prior to introduction of assessment under Section 4A (MRP). The MRP based assessment is for television set and not for its accessories. Those goods correctly merit valuation under Section 4 of the Central Excise Act. Therefore, this grievance of the revenue is not sustainable."
The Supreme Court observed that these findings are pure findings of fact which were rendered in favour of the assessee. The Court did not find any merit in this appeal. The Revenue appeal is accordingly dismissed.
Please see Commissioner of Central Excise Vs Viacom Electronics -
Customs - Exemption from SAD - Nil rate not applicable if the importer sells the goods from a place located in an area where no tax is chargeable on sale or purchase of goods. No sales tax payable on Pig hair bristles and paint brushes and so no exemption from SAD - CESTAT order set aside.
As per Notification 34/98-Cus., dated 13.06.1998, exemption from SAD has been granted on such goods which the importer sells post importation from a place located in an area where tax is chargeable on sale of goods. In this case, so far as the imported item, viz., pig bristles is concerned, no sales tax, in fact, is charged on the same. This being the case, since no tax is chargeable on the sale of such goods, the said Exemption Notification will therefore, not apply. The Tribunal had held in favour of the assessee in 2005-TIOL-1664-CESTAT-DEL. This order of the CESTAT is set aside and the Commissioner's order is restored. Revenue appeal is allowed.