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TMI Blog2002 (2) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent. [Order per : G.A. Brahma Deva, Member (J) (Oral)]. This stay application is filed by the applicants for the waiver of pre-deposit of duty amount to Rs. 20,05,624/- and penalty of Rs. 5,00,000/- under Rule 173Q of Central Excise Rules, 1944 and stay of the recovery proceedings. 2. Shri Sarabheswara Rao appearing for the applicants submitted that whether transportation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own separately in the invoice would not form part of assessable value. Since, the assessee did not show the cost of transportation collected in the invoice, it has to be included in the assessable value. However, I observe that the assessee did not start collecting transportation charges through debit notes from 1-7-2000 but was adopting the same mode even much prior to 1-7-2000. Therefore, I am o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2000. He submitted that as per the amendment transportation cost if collected from the buyer and shown separately in the invoice would not form the assessable value. He said that transportation charges in the instant case is not a part and parcel of the assessable value and the assessee has adopted the same practice as he used to do even prior to 1-7-2000 and in these circumstances same cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, the facts and circumstances have to be examined in detail with reference to the material available on record and that can be done at the time of regular hearing. Taking into consideration over-all facts and circumstances and giving credence to the submissions made by the appellant s Counsel, we are of the view that end of justice would be met if the applicants are asked to pay Rs. 2 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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