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TMI Blog1996 (3) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... t]. Appellant manufactures electric supply meters, most of which are purchased by various State Electricity Boards which call for tenders from manufacturers and finalise the same issuing specific purchase orders. Various Boards desired the meters to be delivered at various destinations, freight and insurance being pre-paid by the manufacturer. Instead of the Boards paying the actual freight ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusive of freight and insurance charges though without specifying the quantum. It is contended by the appellant that the Supreme Court has accepted the concept of equalised freight and therefore, the actual charges incurred have no relevance and any fortitous difference between equalised charges and actual charges should not be added to the assessable value. 3. These are undisputed cases where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh price at any place or places outside the factory gate is the same as the wholesale cash price at the factory gate, the averaged freight included in such wholesale cash price has to be deducted in order to arrive at the real wholesale cash price at the factory gate and no excise duty can be charged on it. Practically the same language is used by the Supreme Court in paragraph 24 of [MRF Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age the Appellate Tribunal now . 6. It is no doubt true that the wholesale cash price of the goods at the factory gate as declared by the appellant in the price list is available. But in most of the cases the price list also refers to the freight and insurance charges and also the total prices. Freight and insurance charges cannot be part of the assessable value but wherever freight and insuranc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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