(1.) HEARD both sides. When the stay petition came up for hearing it is submitted by both sides that in view of the nature of the issue involved in this appeal, the appeal itself can be disposed of. We, therefore, exempt the condition for pre -deposit and proceed to dispose of the appeal.
(2.) THE issue raised in this appeal is whether the amount received under the head 'carting' has to be included in the assessable value. It is submitted that the appellant had entered into two agreements, one for manufacture and supply of the goods and the other for transportation of the same. The ratio of the decision of the Hon'ble Supreme Court in the case of Escorts JCB Ltd. reported in 2002 (146) E.L.T. 31 (SC) = 2002 (53) RLT 1 is directly applicable in the present case in favour of the assessee. We noted that in the impugned order, Commissioner has relied on the decision of the Tribunal in the case of Escorts JCB Ltd. reported in 2000 (118) E.L.T. 650, which is no longer good law in the light of the decision of the Supreme Court referred to above.
(3.) WE , therefore, set aside the order impugned and allow the appeal.