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2019 (11) TMI 831 - AT - Central ExciseValuation - includibility of insurance and freight in assessable value - It was observed by the Revenue the amount collected by the appellant was in excess of the amount Freight, paid by the appellant to the transporter. Similarly insurance was connected in some cases where there was no corresponding payment to any Insurance Company. HELD THAT - The decision of the Hon ble Apex Court in case of COMMISSIONER OF CENTRAL EXCISE, NOIDA VERSUS M/S. ACCURATE METERS LTD. 2009 (3) TMI 1 - SUPREME COURT is specifically covers the issue at hand - The Hon ble Apex Court in the said case has held that Tribunal were correct in their view that the amount claimed by way of transportation charges and insurance cannot be considered for determining the value of the electric meters supplied. Appeal allowed - decided in favor of appellant.
Issues Involved:
1. Whether the transportation and insurance charges are includible in the assessable value of goods for excise duty purposes. 2. Applicability of the decision in Central Excise, Noida v/s. Accurate Meters Limited to the present case. Issue-wise Detailed Analysis: 1. Inclusion of Transportation and Insurance Charges in Assessable Value: The core issue in this appeal was whether the transportation and insurance charges collected by the appellant were includible in the assessable value of the goods for excise duty purposes. The appellant, M/s. Ashok Transformers Pvt Ltd., argued that these charges were related to post-clearance activities and should not be included in the assessable value. The Revenue, however, contended that the amounts collected for transportation and insurance exceeded the actual amounts paid, thereby necessitating their inclusion in the assessable value. The Tribunal referred to the decision of the Hon’ble Apex Court in the case of Central Excise, Noida v/s. Accurate Meters Limited, which dealt with similar issues. The Supreme Court had observed that if goods are sold for delivery at a place other than the place of removal, the value of excisable goods should be the transaction value excluding the actual cost of transportation, provided it is charged separately in the invoice. The Tribunal noted that the appellant had two separate contracts: one for the sale of goods and another for transportation and insurance, similar to the Accurate Meters case. 2. Applicability of Accurate Meters Limited Case: The Tribunal found that the facts of the present case were covered by the decision in Accurate Meters Limited. In Accurate Meters, the Supreme Court had held that transportation and insurance charges, which were not on an actual basis but rather predetermined and included in the contract, should not be included in the assessable value of the goods. The Tribunal noted that the appellant's case involved similar circumstances, where transportation and insurance charges were separately contracted and not based on actual costs. The Tribunal also examined other cases cited by the Revenue, such as CCE, Mumbai-III Vs. Supreme Petrochem Ltd and East India Udyog Ltd Vs. C.C.E., Gaziabad. However, it found that these cases involved different facts, such as pre-clearance activities, and were not applicable to the present case. Conclusion: Relying on the Supreme Court's decision in Accurate Meters Limited, the Tribunal concluded that the transportation and insurance charges collected by the appellant were related to post-clearance activities and should not be included in the assessable value for excise duty purposes. Consequently, the appeal was allowed, and the demand for excise duty on the transportation and insurance charges was set aside. Pronouncement: The judgment was pronounced in the open court on 15.11.2019, allowing the appeal filed by M/s. Ashok Transformers Pvt Ltd.
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