Mention the circumstances under which a price less than the manufacturing cost and profit of excisable goods can be deemed to be the transaction value under section 4 of the Central Excise Act, 1944.

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2015
Mention the circumstances under which a price less than the manufacturing cost and profit of excisable goods can be deemed to be the transaction value under section 4 of the Central Excise Act, 1944.

Answer & Explanation:

In the case of CCE v. Fiat India Pvt. Ltd. (2012) , it was held that if a price below cost is charged to have penetration into the market with a view to make profits in future; the price is not sole consideration. With a view to nullify the effect of this judgment, Rule 6 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 has been amended by Notification No. 20/2004 CE (NT) dated 11.07.2014. Proviso to Rule 6 provides that: Where price is not the sole consideration for sale of excisable goods; The excisable goods are sold by the assessee at a price less than the manufacturing cost and profit; No additional consideration is flowing directly or indirectly from the buyer to assessee; The value of excisable goods shall deem to be the transaction value.

Topics: Central Excise

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