2006 (2) TMI 407 - AT - Central Excise

Summary

Issues:
Appeal against abatement of loading charges at depot from assessable value of goods.

Analysis:
The Revenue filed an appeal against the order-in-appeal allowing abatement of loading charges at depot from the assessable value of goods. The Revenue relied on a Tribunal decision stating that loading charges at depot should be included in the assessable value of goods. On the other hand, the respondent cited a Supreme Court decision related to the cost of transportation. The Tribunal noted that the issue in the present case was different from the VIP Industries case as it involved abatement of loading charges at depot. The Tribunal referred to a previous case involving loading charges at the place of removal and emphasized that all costs, including loading charges at the place of removal, should be included in the assessable value of excisable goods. The Tribunal concluded that the loading charges at the depot should not be deducted from the assessable value due to the shift in the place of removal to the depot post an amendment in 1996.

The Tribunal found that the appellant's claim for deduction of loading charges at the depot lacked merit. Therefore, the appeal filed by the Revenue was upheld, setting aside the impugned order and allowing the appeal. The judgment was dictated and pronounced in open court on a specific date.