[Civil Appeal No. 1834 of 2006]. The respondent (hereinafter referred to as the 'assessee') is engaged in the manufacture of polyester chips, polyester staple fibre, polyester filament yarn and other goods. It had been clearing the same on payment of central excise duty. The period involved in this appeal is 1999- 2002. During this period, the goods that were cleared as 'deemed exports' to advance licence holders were at a price lower than what was being charged to the other buyers who did not hold an advance licence. As per the Commissioner of Central Excise, Nagpur-I (hereinafter referred to as the 'Revenue'), it found that the reason for selling the goods to the aforesaid particular class of buyers at a lesser price was that the assessee had received 'additional consideration' and, therefore, its inclusion was necessitated having regard to the formula provided for arriving at the 'transaction value' contained in the statutory scheme.
↧