Testing cost of returnable durable cylinders not includible in AV

CA Urvashi Porwal Brief of the Case In the case of M/s Bombay Oxygen Corporation Ltd. Vs. Commissioner of Central Excise, Mumbai-III, it was held that the cost of testing returnable durable cylinders is not required to be included in the assessable value. Facts of the Case The respondents, M/s Bombay Oxygen Corporation Ltd., are manufacturer and supplier of gases. For this purpose, they are receiving cylinders from various customers in which they fill the gases and sell it back to them. According to norms, the cylinders in which gases are filled are required to undergo certain test and the cu...