MODI TYRE FACTORY Vs. CCE

JUDGEMENT

(1.) The appellant is a manufacturer of tyre. Sales are from its depots. The dispute in the present case is about the valuation of tyres sold from the depot during 1998 -99. The specific grievance of the appellant is that the Revenue authorities did not allow deduction of two items while fixing assessable value for the purposes of levy of excise. These items are, loading charge at depot and exclusive dealer discounts.

(2.) The contention of the learned Counsel for the appellant with regard to the first item is that only loading charge at the factory is liable to be regard to the first item is that only loading charge at the factory is liable to be included and not loading charges thereafter. In support of this contention, reliance is being placed on the decision of the Apex Court in the case of Indian Oxygen Ltd. v. CCE .

(3.) As against this, the submission of the learned DR that during the period in question, depot was liable to be treated "as place of removal" in view of the following amendment in section 4 in 1996: -