2008 (6) TMI 466

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..... raiyan, Member (T)]. This is an appeal against the order of the Commissioner dated 22-9-2004. 2. Heard both sides. 3. The relevant facts, in brief, are as follows :- (a) The appellant undertakes design, manufacture and supply various heavy and sophisticated electrical, mechanical and electronic equipment meant for generation, transmission, conservation and utilization of electric p .....

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..... rred by them is, in fact, higher than the amount actually collected by them, from their customers. He submits that this fact has been noted in the order of the adjudicating authority as well. In this connection, he draws our attention to the gist of the submissions as recorded by the Commissioner in sub-para 2.5 of para 13 of the order-in-original to the effect that the actual freight paid was mor .....

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..... autionary provision with a view to ensure that an assessee does not deduct amount in excess of the freight and thus artificially reducing the assessable value. In the present case, admittedly, the assessee is incurring more towards freight than the amount they are actually collecting from their customers. The freight amount collected is based on a separate contract and accordingly separately bille .....

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