2004 (10) TMI 426

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..... The issue involved in these 2 appeals filed by Revenue is whether the transport charges are to be included in the assessable value of the goods cleared by M/s. Laxmi Engineering. 2. When the matter was called no one was present on behalf of the Respondents, nor was there any request for adjournment of the hearing. Further, Shri S.M. Tata, learned SDR, mentioned that the issue involved in the .....

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..... een mentioned in the grounds of appeal that as per Rule 5 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2002 only actual cost on transportation is admissible from the price of the goods for arriving at the assessable value, if the same is shown separately in the invoice and that deduction of equalised freight is not admissible. 4. We have considered the submi .....

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..... st of transportation from the place of removal up to the place of delivery of such excisable goods. Explanation to Rule 5 defines cost of transportation, which is inclusive definition. As per the Explanation cost on transportation includes (i) the actual cost of transportation; and (ii) in case where freight is averaged, the cost of transportation calculated in accordance with generally accepted p .....

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