Golf Clubs

Krups 203 Electric Coffee and Spice Grinder with Stainless-Steel Blades …

Thermos Stainless King SK1005MB4 16-Ounce Leak-Proof Travel Mug, Midnight Blue $18.85 16 OZ, Leak Proof Travel Tumbler, Patented Thermos Vacuum Insulation Technology For Maximum Temperature Retention, Hot Or Cold, Unbreakable Stainless Steel Interior & Exterior, Cool To The Touch With Hot Liquids, Sweat Proof With Cold, Fits Most Automobile Cup Holders….

Black & Decker DCM18S Brew ‘n Go Personal Coffeemaker with Travel Mug $12.99 Great for commuters, office professionals, and one-coffee-drinker households, this personal coffeemaker brews 15 ounces of coffee directly into a stainless-steel travel mug. The mug has a rubber handle for a safe grip and a lid to keep coffee hot. It’s tapered to a 2-1/2-inch-diameter bottom, so it fits most vehicle cup holders. The coffeemaker itself is designed for an on-the-go coffee drinker. I…

2 each: Apex Flow Back Handle Hand Truck (TC2103) Sold as 2 UNITS at $25.93 per unit. (1 unit = each.) Light duty. Flow back handle. Capacity: 250 lbs. Overall dimensions: 42″H x 18.25″W x 14.5″D. Tubular steel frame: 1.2mm x 1″ diameter. Steel cross bar: 1.2mm x 1″. Wheel brace: 3mm. Toe plate: 3mmH x 14″W x 7″D. Fixed axle: 12mm diameter. 8″ diameter wheel. Solid rubber wheel. Steel rim with nylon bushing. Powder coated finish. Color: black. Re…

GRIP 9 Pc Forged Steel Roll Pin Punch Set $9.25 Grip 9 Pc Roll Pin Punch Set Sizes: 1/16″x 2 3/4″, 5/64″ x 3 1/4″, 3/32″ x 3 1/2″, 1/8″ x 4″, 5/32″ x 4 1/2″, 3/16″ x 4 3/4″, 7/32″ x 5″, 1/4″ x 5 1/2″, 5/16″ x 6 1/4″…

Lansky Diamond Deluxe Sharpening System with Extra Coarse, Coarse, Medium and Fine Hones $58.99 Extra coarse coarse medium and fine hones.ATTRIBUTES Includes: Extra-Coarse Diamond Hone Coarse Diamond Hone Medium Diamond Hone Fine Diamond Hone One Guide Rod For Each Hone Honing Oil Multi-Angle Knife Clamp Special Features: Sharpening Hones on Color-Coded Holders Storage: Custom-Molded Storage Case…

Crescent CTK148MP 148-Piece Professional Tool Set $80.26 This Crescent Mechanic’s Tool Set is a complete set of sockets, driver bits, pliers and more – all the tools needed for most industrial applications! All tools in this industrial-quality tool set meet stringent new ANSI and ASME specifications. Durable storage case has raised-letter ID for each tool location, keeping tools organized and locked securely in place, a real benefit for work vehicles o…

Sharkbite Summer HD $1.99 …

Sharkbite Summer HD [HD] …

Bar Keepers Friend® Cleanser & Polish: 12 OZ …

Bar Keepers Friend Cookware Cleanser & Polish: 12 OZ $2.19 Bar Keepers Friend Cookware Cleanser Polish is specially formulated to keep your cookware shining. It will not scratch like steel scrubbers or other scouring powders; and because its fast-acting formula loosens the stains, you spend less time and effort cleaning. In fact, Bar Keepers Friend Cookware polishes so well, your cookware will look brand-new. NET WT 12 OZ (340g). Bar Keepers Friend is re…

Bar Keepers Friend Liquid Cleaner – 26 oz $2.67 Liquid Bar Keepers Friend, special formula with citric acid. Removes stains including rust. The only liquid cleanser with lime removers. Great for stainless steel sinks and cookware. Cleans and polishes surfaces without scratching. 26 oz….

MI-008 Tower Black P4 Chassis with 250W Itx Psu+sata Power Supply $43.87 Desktop – 3 Bays – 250W – Black…

Black Micro ATX12V Desktp 220W with DVD Rom Fdd Hidden Bay Covers $19.39 Apexs DM-318 case is a great choice for instances where you dont have a lot of space for a system….

Apex Computer Technology PC-389-C 10bay ATX Tower No Psu USB / Hd PC389C $21.99 Solution is what PC Series is all about with their powerful Apex PC-389 ATX Black Mid Tower Case. PC Series offers a variety of bezels for you to choose, from mainstream to unique, from functional to stylish. With over 60 production-ready bezels, it has been our best seller. It is loaded with many features and easy to work with. Find out why people turn to us for a total solution. Convenient, vers…

De’Longhi BAR32 Retro 15 BAR Pump Espresso and Cappuccino Maker $210.00 This compact machine is big on features. It self-primes, so there’s no waiting, plus it’s espresso-pod compatible and large enough to use with full-sized coffee mugs. Total control with two separate water/steam thermostats, an exclusive anti-drip design, a swivel-jet frother, adjustable steam with a pressure safety valve, stainless steel boiler, removable drip tray, and a 35-ounce water tank. Semp…

Monster High Rochelle Goyle Doll $21.99 The Monster High student body continues to grrrow with four new ghouls enrolling this year. Rochelle Goyle is from Paris, France, where she occupied a roof near a great cathedral, presumably the Notre Dame. For most of her life, her social atmosphere has been occupied solely by other gargoyles, which began to displease her as she reached adolescence. Rochelle Goyle is the daughter of The Gargoyles…

Monster High Operetta Doll $21.45 Daughter of the Phantom of the Opera…

Monster High Nefera de Nile Doll $19.45 Daughter of the Mummy…

Xcelite Chrome Vanadium Steel Phillips Round Blade Screwdriver …

Apex – Nutsetter Power Bits 08592 Nut Setter 1/4 Ma: 071-M6N-0808-5 – 08592 nut setter 1/4 ma $30.15 ODK4884: Features: -Magnetic.-Overall : 5 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Opening Size: 1/4 in.-Head : 7/16 in (opening side).-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-No. of Points: 6.

Apex – Nutsetter Power Bits 08610 Nut Setter 1/4 Ma: 071-M6N-0810-5 – 08610 nut setter 1/4 ma $31.76 ODK4885: Features: -Magnetic.-Overall : 5 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Opening Size: 5/16 in.-Head : 1/2 in (opening side).-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-No. of Points: 6.

Apex – Nutsetter Power Bits 29208 Nut Setter 1/4 Ma: 071-6N-0808-4 – 29208 nut setter 1/4 ma $30.36 ODK4880: Features: -Overall : 4 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Opening Size: 1/4 in.-Head : 7/16 in (opening side).-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-No. of Points: 6.

Apex – Nutsetter Power Bits Nut Setter 1/4 Male Hexdrv 5/16 Female Hex 5 : 071-6N-0810-5 – nut setter 1/4 male hexdrv 5/16 female hex 5 $88.91 ODK4882: Features: -Overall : 5 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Opening Size: 5/16 in.-Head : 1/2 in (opening side).-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-No. of Points: 6.

Apex – Square Recess Power Bits 30824 12-14-1/4 Square R: 071-954-B-3X – 30824 12-14-1/4 square r (Set of 10) $11.44 ODK4890: Features: -Tip Size: 9/64 in.-Tip Size Symbol (Nom): #3.-Tip Type: Square.-Overall : 3 1/2 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Hardness Grade: Hardest Heat Treat Available.-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-Operating Type: Power Tool.

Apex – Square Recess Power Bits 30827 12-14-1/4 Square R: 071-954-C-3X – 30827 12-14-1/4 square r $12.72 ODK4892: Features: -Tip Size Symbol (Nom): #3.-Tip Type: Square.-Overall : 6 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Hardness Grade: Hardest Heat Treat Available.-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-Operating Type: Power Tool.

Apex – Square Recess Power Bits Bit 1/4 Hex Drv Power #1.0 S: 071-954-C-1X – bit 1/4 hex drv power #1.0 s $12.72 ODK4891: Features: -Tip Size: 3/32 in.-Tip Size Symbol (Nom): #1.-Tip Type: Square.-Overall : 6 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Hardness Grade: Hardest Heat Treat Available.-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-Operating Type: Power Tool.

Apex – Square Recess Power Bits Bit 1/4 Hex Drv Power #3. Sq: 071-954-A-3X – bit 1/4 hex drv power #3. sq $9.99 ODK4888: Specifications: -Tip Size: 9/64 in.-Tip Size Symbol (Nom): #3.-Tip Type: Square.-Overall : 2 3/4 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Hardness Grade: Hardest Heat Treat Available.-Locking Type: Ball.-Material: Tool Steel.-Measuring System: Inch.-Operating Type: Power Tool.-Type: Nutsetter Power Bit. Additional Info: BIT 1/4 HEX DRV POWER #3. SQ Cost is for a min. order of 1/EA UNSPSC: 27112700 Testing Approvals:

Apex – Torx Power Bits 28133 Bit 1/4 Hex Drv P: 071-49-A-Tx-25 – 28133 bit 1/4 hex drv p $16.29 ODK4886: Features: -Tip Size Symbol (Nom): T-25.-Tip Type: Torx.-Overall : 2 3/4 in.-Drive Size: 1/4 in.-Drive Type: Hex.-Locking Type: Ball.-Material: Tool Steel.

Apex AC118 18-inch Adjustable Wrench $77.93 ODK2008: Features: -For professional, industrial or home use .-Tension spring stabilizes jaw and knurl adjusts easily .-Alloy steel and heat treated .-Proportioned dimensions for greatest strength and minimum weight .-Tapered handle for better two-hand grip and less weight .-Polished head with satin finished handle .-Chrome plated finish resists rust and corrosion .-AC118: 18 .-AC124: 24 .

Apex C7 Tool Group Tools 6-inch Clinch Cutter $27.93 High quality steel forging Beveled on outside edge only Flush inside edge allows close cutting An all purpose tool with one end designed for cutting and the other for pritchel 6-inch x 2-3/4-inch

Apex Chiropractic Lift Table – Color: Black $2699.99 XLE1000: Features: -Chiropractic lift table.-Designed for extreme comfort for you and your patient.-Adjusts in seconds to exactly the right height.-Convenience and strength of an electric lift.-Luxurious surface and tilting headpiece are mounted on a sturdy lift base with a quiet.-Powerful motor that will serve you dependably for years.-Seamless upholstery.-Paper roll holder and cutter attachment.-Stationary armrest.-Powder coated cream steel frame.-Actuator speed: 85” per second. Options: -Available in several colors. Dimensions: -3” high density cushioning system.-Overall dimensions: 22.5”-31.5” H x 24” W x 72” D.

Apex Chiropractic Lift Table – Color: Burgundy $2699.99 XLE1000: Features: -Chiropractic lift table.-Designed for extreme comfort for you and your patient.-Adjusts in seconds to exactly the right height.-Convenience and strength of an electric lift.-Luxurious surface and tilting headpiece are mounted on a sturdy lift base with a quiet.-Powerful motor that will serve you dependably for years.-Seamless upholstery.-Paper roll holder and cutter attachment.-Stationary armrest.-Powder coated cream steel frame.-Actuator speed: 85” per second. Options: -Available in several colors. Dimensions: -3” high density cushioning system.-Overall dimensions: 22.5”-31.5” H x 24” W x 72” D.

Apex Chiropractic Lift Table – Color: Hunter $2699.99 XLE1000: Features: -Chiropractic lift table.-Designed for extreme comfort for you and your patient.-Adjusts in seconds to exactly the right height.-Convenience and strength of an electric lift.-Luxurious surface and tilting headpiece are mounted on a sturdy lift base with a quiet.-Powerful motor that will serve you dependably for years.-Seamless upholstery.-Paper roll holder and cutter attachment.-Stationary armrest.-Powder coated cream steel frame.-Actuator speed: 85” per second. Options: -Available in several colors. Dimensions: -3” high density cushioning system.-Overall dimensions: 22.5”-31.5” H x 24” W x 72” D.

Apex DM-387 Chassis – Desktop, Tower – 3 Bays – 275W $48.87 The Apex DM-387 Computer Case is designed for people who want to intergrate a stylish PC into their daily life. with its unique design it fits vertically or horizontally into the tightest space. DM Series blends right into your office bedroom living room or wherever you need it to be. Features:. Sturdy construction with .8mm steel. Removable drive cage. Thermally optimized. Excellent EMI shielding. Can be used as a tower or desktop.Specifications:. Material: Steel. Vented Side Panel. Size: 15.75 D x 3.9 W x 12.75 H.

Apex Pool Cue in White – Weight: 18 oz. $191.99 OUO1000: Features: -Weight changes are available.-Weights range between 18 and 21 oz.-Joss cues hit stiff due to the stainless steel joint.-Shorter taper and thicker shaft diameter.-Ivorene-3 fiber linen ferrule.-Irish linen, black with red specs wrap.-African black wood with red veneer and white holly diamond inlays sleeve. Specifications: -5280 Pool Cues Apex 02 in White.

Apex Pool Cue in White – Weight: 19 oz. $191.99 OUO1000: Features: -Weight changes are available.-Weights range between 18 and 21 oz.-Joss cues hit stiff due to the stainless steel joint.-Shorter taper and thicker shaft diameter.-Ivorene-3 fiber linen ferrule.-Irish linen, black with red specs wrap.-African black wood with red veneer and white holly diamond inlays sleeve. Specifications: -5280 Pool Cues Apex 02 in White.

Apex Pool Cue in White – Weight: 20 oz. $191.99 OUO1000: Features: -Weight changes are available.-Weights range between 18 and 21 oz.-Joss cues hit stiff due to the stainless steel joint.-Shorter taper and thicker shaft diameter.-Ivorene-3 fiber linen ferrule.-Irish linen, black with red specs wrap.-African black wood with red veneer and white holly diamond inlays sleeve. Specifications: -5280 Pool Cues Apex 02 in White.

Apex Pool Cue in White – Weight: 21 oz. $191.99 OUO1000: Features: -Weight changes are available.-Weights range between 18 and 21 oz.-Joss cues hit stiff due to the stainless steel joint.-Shorter taper and thicker shaft diameter.-Ivorene-3 fiber linen ferrule.-Irish linen, black with red specs wrap.-African black wood with red veneer and white holly diamond inlays sleeve. Specifications: -5280 Pool Cues Apex 02 in White.

Apex Threaded Dumbell Handle $17.99 The Apex(r) threaded dumbbell handle is crafted from durable steel and features a rubber coating for a comfortable grip. The threaded collar design provides safe and easy plate changes.

Steel Apex

“DHARMADA” or Charity Amount

What is Dharmada or charity amount?

Sometimes the manufacturer charges from the buyer a specific amount, which is used for charitable purposes. This amount is known as charity amount or Dharmada. It may be compulsory or optional for the buyer. The amount so collected in “not retained” by the manufacturer but used solely for religious or charitable purposes, thus the amount collected doesn’t go to the manufacturer or doesn’t form part of his income. The Law Lexicon, P. Ramantha Aiyer, Badhwa define Dharamada as an endowment or gift for religious or charitable purposes. In CIT v/s Bijli Cotton Mills (AIR 1979 SC 346), a case under the Income Tax Act, 1961, it was held that Dharmada collected for charitable purposes and spent on charity purposes is not a part of the income of the assessee.

Whether Dharmada is part of assessable valve under section 4 of the Central Excise Act, 1944.

Under Central Excise Law, the duty has to be paid on the wholesale price of the goods (before amendment of Section 4) or on transaction value of the goods. It is known at the time of removal of the goods that the seller shall not appropriate the “Dharmada” amount paid but it will be used for charitable or religious purposes. It is also clear to the buyer that this amount is paid, not for the goods but for charity. Under Section 4 of Central Excise Act, 1944 what is relevant is the value of the goods and not the gross amount paid by the buyer. Based on these reasoning and following Bijli Cotton Mills’s case, the Tribunal held consistently that Dharmada is not to be included in the assessable value.

 

The Tribunal has held, consistently, that Dharmada is not a part of the assessable value. In Mohan & Company v/s Collector [1987(30) ELT 624 (Tri)], it was held that Dharmada is not includible in the assessable value. The law laid down in Mohan & Company case was affirmed by the Supreme court and the appeal of the revenue was dismissed as reported in 1997 (91) ELT A232 (SC). In Collector of Central Excise v/s Electrical Corporation of India [1997 (91) ELT 109 (Tribunal)], it was reaffirmed that Dharmada in not part of the assessable value. The tribunal quoted Hon’ble Supreme Court, in Bijli Cotton Mills case, quote,

 

“The supreme court held that the sum collected as Dharmada cannot be regarded as part of the price or a surcharge on price of goods purchased in a addition to the price of goods which he purchases from the assessee but the purchase of the goods by the customer would be the occasion and not the consideration for the Dharmada amount taken from the customer. The Supreme Court indicated that the “Dharamada” amount is clearly not a part of the price but a payment for the specific purpose of being spent on charitable purposes.”

 

A plain reading of the view of Hon’ble Apex Court in Bijli Cotton Mills case clearly suggest that “Dharmada” or charity amount on not a part of the price and hence it is not a part of the assessable value. It is also clear that it is not a consideration for sale but sale is merely an occasion for payment of Dharmada amount, hence it is not a part of the assessable value. The Tribunal followed the decision consistently and this view was affirmed in a number of cases.

 

In Commissioner v/s Aqua Pump Industries, the Tribunal decided that charity amount collected is not includible in the assessable value. The Appeal of Commissioner of Central Excise, Coimbatore was dismissed by the Hon’ble Apex Court (2 Judge Bench) as reported in 2003(156) ELT A271. Earlier also, with respect to the same assessee, the Hon’ble Apex Court (3 Judge Bench) [1998 (102) ELT A64] while dismissing the Appeal of the Commissioner of Central Excise upheld the Tribunal order that charity amount is not includible in the assessable value.

 

In Collector v/s Golden View Electrical Ind. [2002(147) ELT 1199], the Tribunal held that Dharmada is not a part of the assessable value. The appeal of the revenue was dismissed by 3-Judge Bench of the Supreme Court as reported in 2003 (153) ELT A98. Incidentally the Court while dismissing the appeal of the revenue made reference to the law laid down in Collector of Central Excise v/s M/s Mohan & Co. [1987 (30) ELT 624]. A three Judge Bench of the Supreme court dismissed the appeal filed by the revenue, [2003 (154) ELT A254], against the CEGAT order in Associated Soapstone Distributing Co. Pvt. Ltd. v/s Collector [2002(146) ELT 324] and reaffirmed the ratio laid down in Mohan & Company, Madras v/s Collector [1997 (91) ELT A232]. In Collector V/s Amrit Vanaspati Co. Ltd [2003 (154) ELT A225] the Supreme Court again reaffirmed the law laid down in case of Mohan & Co (supra).

 

Hon’ble Apex Court took a different view in Tata Iron & Steel Co. Ltd. v/s Collector of Central Excise [2002(146) ELT 3(SC)], 2 Judge Bench, and held that steel development charges is to be added to the assessable value. The Court declared that law laid down in Mohan & Co. case is not a good law. The Tribunal in Shree Rajsthan Texchem Ltd. v/s Commissioner followed the case. The appeal of the assessee against the order of the Tribunal has been dismissed by the Supreme Court [2003 (158) ELT A41]. The Apex Court followed Tisco’s case in CCE v/s Panchmukhi Engineering Works [2003(158) ELT 550 (SC)] and held that “Dharmada” amount is a part of assessable value. The relevant part of the Judgments reads as,

 

“The learned Counsel for the appellant-Revenue submitted that this question is to be answered in favour of the Revenue, having regard to the decisions of this Court in the case of Tata Iron & Steel Co. Ltd. V/s Collector of Central excise, Jamshedpur [2002 (146) ELT 3 (SC)]. The learned Counsel for the respondent was not in a position to dispute this legal position. Under these circumstances, following the said judgment, these appeals are allowed and the impugned orders are set aside.”

 

Following this judgment the Board issued a Circular, 763/79/2003-CX dated 21.11.2003 saying that “ Dharmada” collected by the assessee from the buyer is includible in the assessable value of the goods. In view of these developments it is necessary to examine whether Dharamada amount collected will form part of the assessable value or not. This paper is a humble attempt to answer this question.

It is submitted that the TISCO Judgment does not decide about the Dharmada amount at all. The judgment is with respect to steel development charges, which is to be used “not” for any religious or charitable purposes but for the benefit of the steel making units itself. The court have noted the point in para 27 of the Judgment and said, “ Another aspect to be kept in mind is ultimate beneficiaries of these amounts are the steel plants themselves.” Thus the judgment must not be applied in case of Dharmada where the manufacturers are not the beneficiaries.

 

The Hon’ble Supreme Court in the Tisco’s case para 13, stated,

“From the price at which the assessee sells to the buyer, the only deduction permissible are those under sub-clause 4 (d) (ii) i.e. Excise, Sales tax and other taxes and in certain cases trade discounts. It is no body’s case that the extra element is an Excise or a Sales tax or a trade discount. The only question is whether it would fall within the meaning of the term “other Taxes”.”

Thus in Tisco’s case the Hon’ble Supreme Court starts from the presumption that steel development charge is part of the price and then examine whether it is deductible from the price as other taxes. In the case the court comes to the conclusion, on powerful and cogent reasons, that steel development charge is not covered under “other taxes” and hence the deduction is not allowed.

 

It is submitted that charity amount is not a part of the price as it is not a payment in connection with sale of the goods or transaction value. The purchase or sale of the goods is merely an occasion for collection of Dharmada amount. Since it is not a part of the price the question of deducting it from the price as ‘other taxes” does not arise. What has been held is Bijli Cotton Mills’s case is that the charity amount is not a part of the price. Once it is not a part of the price, deducting it from the price as other taxes is irrelevant.

 

In the Tisco’s case the Court have not examined the contention that whether Dharmada or charity amount is part of the value. In fact the term, Dharmada or Charity amount, was never used by the Supreme Court in that case. It is submitted that the question, whether it form part of price or not, have been answered by the Hon’ble Supreme Court in Bijli Cotton Mills’s case and affirmed by 3 Judge Bench in Commissioner of Central Excise v/s Aqua Pump Industries {1998 (102) ELT A64] wherein the Court held that Dharmada is not a part of the value. The author is of the view that Dharmada or charity amount is not a consideration of sale and thus not a part of price. Sale is merely on occasion of collection of Dharmada amount. This amount is not a part of the price of the product but a payment by the buyer for a specific purpose. The payment is made in connection with a specific purpose of charity and not by reason of sale. Thus the charges should not be included in the assessable value. Even under new Section 4 what is relevant is that payment made by the buyer to the assessee, which is in connection to the sale and not in connection to the charity, as the case is with Dharmada amount.

 

It must be noted that the law laid down in the Mohan & Co. V/s Collector [1987 (119) ELT 624] have been specifically been overruled by the Court in Tisco case. It may be noted that Tisco Judgment is a 2-Judge Bench Judgment and it is a collateral proceeding with respect to the law laid down in the Mohan & Co. case. The ratio laid down in Mohan & Co. has already been affirmed by Two Judge Bench of the Supreme Court in direct proceeding as reported in  [1997 (91) ELT A232]. In case of conflict of Judgment between two benches, the judgment in the direct proceeding should take precedence over Judgment in collateral proceeding.

 

It should further be noted that the law laid down in Mohan & Co. have been affirmed by the 3 Judge Bench of the Supreme Court in case of Commissioner v/s Aqua Pump Industries [1998 (102) ELT A271], Collector v/s Golden View Electrical industries [2003 (153) ELT A98] and Collector v/s Associated Soapstone Distributing Co. Pvt. Ltd. [2003 (154) ELT A254]. Thus as per the cardinal principle of following the Judgment of larger benches, the author is of the view that law laid down in Mohan & Co. is still good law and Dhramada amount collected should not be included in the assessable value under section 4 of the Central Excise Act. It may be further be noted that these Judgments were not brought to the notice of the Court in Tisco case and hence the judgment is per incuriam and hence not binding as per the law laid down in case of Govt. of A.P. v/s B. Satyanarayana Rao [2000 (4) SCC 262]. Reference can also be made to A. R. Antulay v/s R. S. Naik [1988(2) SCC 602 ( SC-7 member Bench)] that a Judgment per incuriam is not a binding judgment.

 

Regarding the circulars, the law is well settled that adjudicating authorities are not bound by the trade notices or administrative circulars while adjudicating the matter. The law was declared by the Supreme Court in Orient Papers Mills v/s UOI [1978 (2) ELT J345 (SC)]. Further the assessee is not bound by the circular. The author submits that issuance of a circular on a disputed legal issue is unfortunate and improper. It is sad that the Board only took into consideration Judgments which favours the revenue and discarding all other judgments which are against the revenue.

Conclusion

In the present circumstances there are contradictory judgment of the Hon’ble apex court and in these circumstances judgment of the larger bench should be followed. In Commissioner v/s Aqua Pump Industries [1998 (102) ELT A64], 3 Judge bench of the apex court held that Dharmada amount is not includible in value and hence this decision is a binding precedent should be followed. In view of the above the author is of the view that Dharmada amount is not a part of the assessable value, notwithstanding the Circular of the Board.

About the Author

I am an advocate practicing in the field of Central Excise, Customs, Service Tax and Foreign Trade Policy. I have some experience in these areas, firstly as Indian Revenue Service officer and later as Consultant & Advocate to handle these matters. I head a full service law firm, in the name of “Rajesh Kumar & Associates”, who takes up matter in these areas. I am being assisted by many talented and experienced lawyers, accountants and other supporting staff.
I am also into writing on these laws & other areas of law, and many of my papers has been published in journals, like Excise Law Times, The Hindu, Economic & Political Weekly, Combat Law, Legal News & Views etc. I am a regular columninst on News & Reviews, providing updates on Indian Laws.
Off: 323, FIE, Patparganj Industrial Area, Delhi. 110092, Ph: 011-43054842
custom.excise@gmail.com
www.rajeshkumar.co.in

Calculus Tangent Line Question?

Alright, another calculus question. I can get the rest of it if I can just figure out how to do this first part.

A hill (shows in the figure above) can be described y the equation y= (-x^2+200x)/50

A steel cable is attached to the ground 50 ft from the foot of the hill and extends to the top of a vertical tower at the top of the hill. The cable is supported at point J, where it is tangent to the hill.

(a) What is point J? I am completely stumped on this one. The other two parts are find the equation of the line representing the cable, and how tall is the tower. I can easily do those, but I have no idea how to actually find the point that the cable is going through. All we have is the equation of the hill, x intercept of the cable, and the x and y coordinate of the tower’s location (hill’s apex).

If I have this right, the foot of the hill is at (200, 0). So the cable is connected on the ground at the point K = (250, 0).

Let J have coordinates (h, k) where 0 < h < 200 and k = (200h -h^2)/50

Since y' = (200 - 2x)/50 = (100 - x)/25, the slope of the line JK must be (100 - h)/25

So the equation of the line JK must be

y - k = [(100 - h)/25] (x - h)

Since this line must go through the point K = (250, 0), we get
0 - k = [(100 - h)/25] (250 - h)
k = -(100 - h)(250 - h)/25
(200h -h^2)/50 = -(100 - h)(250 - h)/25
200h -h^2 = -2(100 - h)(250 - h) = -2 h^2+700 h-50000
h^2-500 h+50000 = 0
h = 50 (5+√5) or h = 50 (5-√5)

It turns out that the first answer is too big. So
h = 50 (5-√5) = 138.2
k = -(100 - h)(250 - h)/25 = 100 (3√5 - 5) = 170.8

I hope this helps.

PWE Pro Wrestling Epic “The Apex” Blake Steel vs. Brandon Aarons