Skip to main content
India's Trade & Customs Knowledge Base
Live on PostgreSQL About• Contact• Sign in Subscribe
EK EXIMKEY
Export · Import · Customs · DGFT Intelligence
Circular

CIR NO.763/79/2003-CX, DT. 21/11/2003

Document type
Circular
Reference no.
J
Dated

Inclusion of Amount of “Dharmada” In the Assessable Value of Goods

CIR NO.763/79/2003-CX, DT. 21/11/2003

Inclusion of Amount of “Dharmada” In the Assessable Value of Goods

Subject : Whether the amount of Dharmada charged in the invoices and recovered from the customers as required to be included in the assessable value under Section 4 of Central Excise Act, 1944, order dated 28-11-2002 of the Hon"ble Supreme Court in Civil Appeal Nos. 7900-7902/95 in the case of CCE, Allahabad v. M/s. Panchmukhi Engg. Works & Ors.

I am directed to say that the issue whether the amount of "Dharmada" collected from the buyers by the assessee is includible in the assessable value or not has been subject matter of dispute in a number of cases. Recently, this issue again came up before the Hon"ble Supreme Court in Civil Appeal Nos. 7900-7902/95 in the case of CCE, Allahabad v. M/s. Panchmukhi Engg. Works & Ors. and the Hon"ble Supreme Court vide its order dated 28-11-2002 allowed the appeals in favour of Revenue. The Revenue"s stand in the said of case had been that "Dharmada" is includible in the assessable value.

2. Ministry of Law had also advised that the division bench decision dated 28-11-2002 of the Hon"ble Supreme Court should be followed by the Department on this issue.

3. It is therefore clarified that "Dharmada" collected by the assessee from the buyer in includible in the assessable value of the goods.

4. Suitable Trade Notice may be issued for the information of the Trade.

Related Content

48,405
HS Codes covered
Section to 8-digit product level
37,765
Regulatory documents
DGFT, Customs, Excise, RBI & GST
152,183
Import duty lines
Tariff lines with effective rates
20,499
SION norms
Standard input–output norms