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2005 (10) TMI 24 - AT - Central ExciseValuation(Central Excise) As per Commissioner alleged that freight and transit insurance undertaken by the appellants on behalf of their customers are includible in the assessable value After considering the fact allegation were set aside
Issues:
Whether freight and transit insurance charges undertaken by the appellants for their customers and subsequently reimbursed are required to form part of assessable value. Analysis: The main issue in this case was whether the freight and transit insurance charges undertaken by the appellants on behalf of their customers should be included in the assessable value. The Commissioner argued that since the appellants continued to be the owners of the goods until installation and erection at the site, the charges should be included. The Commissioner also highlighted that the appellants were providing storage insurance, indicating continued ownership. However, the appellants argued that as per various decisions, when sales are ex-factory, such charges should not be added to enhance the assessable value. They also pointed out that ownership of the goods transferred to customers at the factory gate itself as per the contract terms. The Tribunal referred to the Supreme Court's decision in a similar case, where it was held that when the sale is ex-factory, freight and transit insurance charges do not form part of the assessable value. This decision was also followed by the Tribunal in other cases. The Tribunal also mentioned another Supreme Court decision and a Board's Circular supporting the same principle. The contract terms in this case indicated that the transfer of property occurred at the factory gate or when goods were handed over to the transporter, establishing that ownership passed to customers at the factory gate. The Tribunal disagreed with the argument that the charges should be included due to the installation and erection contract, stating that the insurance covering storage is not related to the clearance of goods and cannot be part of the assessable value. Based on the discussion, the Tribunal set aside the Commissioner's order and allowed the appeal, providing consequential relief to the appellants.
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