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TMI Blog2014 (5) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... erred in determining the assessable at Rs. 82,304/- - In fact, they had to determine what is the cost at the hand of assessee and at which price the goods are being sold by them - Assessees have been able to prove that after importing the goods, they have incurred certain expenses which have been shown by the appellants before the lower authorities as here with documentary evidences - Therefore, those expenses are necessary to arrive at cost price of the impugned goods - Thus, the basis of determining the assessable value on the basis of sale price giving margin of 20% of profit on the sale price is to be ignored when we are having the cost price including the expenses incurred by assesse - Therefore, the declared price is to be accepted - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on order was appealed by the appellants before the Commissioner (Appeals) who has confirmed the adjudication order. Aggrieved by the same, the appellants are before us. 4. On behalf of the appellants it is contended that while considering the declared value, the valuing aspects were not considered by the adjudicating authority to determine the assessable value. For this purpose, he produced before us the break up sheet and submitted that in the case of Tixosil 38AB, the invoice price was Rs. 46,920 and customs duty of Rs. 11,451/- was paid. Thereafter the goods were transported and charges were paid which comes to Rs. 24,674/- and insurance cost was Rs. 276/-. Therefore, the total landed cost in the hand of the appellants comes to Rs. 83 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat while determining the price in the case of Tixosil 38AB the adjudicating authority has redetermined the assessable value as Rs. 82,304. If we take the calculation sheet produced before us by the appellants, the cost comes to Rs. 83,321 which is appropriate if we consider that the customs duty, local clearance, logistic cost, insurance are to be includible in the cost price of the appellants. Therefore, both the lower authorities have erred in determining the assessable at Rs. 82,304/-. In fact, they had to determine what is the cost at the hand of the appellants and at which price the goods are being sold by the appellants. The appellants have been able to prove that after importing the goods, they have incurred certain expenses which h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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