S. H. Kapadia, J. - (1.) This civil appeal under Section 35-L (b) of the Central Excise Act, 1944 (hereinafter referred to as "the Act") is a sequel to civil appeal Nos. 4247-4248 of 2000, hence, it is not required to restate the facts of the case.
(2.) In this civil appeal, a short question which arises for determination is - whether the department was right in including the cost of sockets and the value of service charges in the assessable value of m.s./g.i. pipes.
(3.) The appellant herein had filed its price lists under rule 173-C in the form of part-II in respect of m.s./g.i. pipes for approval with the department, in which it claimed deduction towards service charges and cost of sockets from the assessable value of m.s. /g.i. pipes. According to the department, the sockets fitted to the pipes were the essential parts of the pipes; they enabled the functioning of pipes and in absence of the sockets, the said m.s. /g.i. pipes could not be said to have been completed as the sockets were the essential parts for joining the pipes to each other. According to the department, service charges were not deductible from the assessable value of the pipes, as the said charges were paid by the assessee to Madhya Pradesh Laghu Udhyog Nigam Ltd. for procuring orders/payments from various departments of the State Government and that the matter was squarely covered by the decision of this Court in the case of Coromandel Fertilisers Ltd. vs. Union of India and Ors. reported in 1984 (17) ELT 607.;