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TMI BlogService Tax or Central Excise Duty on Freight ChargesX X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax or Central Excise Duty on Freight Charges X X X X Extracts X X X X X X X X Extracts X X X X ..... excise duty. The unit has paid service tax on such freight charges levied. Now, the department says since the place of removal is buyers place, freight charges are to be included in assessable value for central excise purpose. What is the position of law. Is payment of service tax as done by the unit is correct or the unit should have paid central excise on freight charges also, since the place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of removal is buyers place or central excise duty and service tax both are applicable in this case. Reply By KASTURI SETHI: The Reply: Both cannot be charged. Can you elaborate ? What is your sale pattern ? What is commodity and its Chapter/Heading/Sub-heading. Reply By CAVenkataprasad Pasupuleti: The Reply: There are many decisions & circulars on this issue. Refer SC decision in case of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spat industries wherein the hon'ble SC held that buyers place will never be a place of removal & frieght charges are not liable for excise duty. Reply By PAWAN KUMAR: The Reply: dear sir, please read the Excise Circular No.1065/4/2018-CX dated 08-06-2018 wherein it has been clearly prescribed the place of removal. Reply By Krishna Murthy: The Reply: Sir, Thanks for your reply. The dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a manufacturer of PSCC Poles used by electricity department with HSN Code 68109990. The dealer entered a PO with the electricity department for supply of the poles to the destination as mentioned in the PO. The PO specified price of poles and transportation cost and insurance separately. The PO clearly mentioned that the risk of sending the poles is of the manufacturer's. The dealer however pai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d excise duty on basic price of poles and paid service tax on transportation cost and insurance. Reply By YAGAY andSUN: The Reply: In our view since you own the risk for sending poles to electricity department, therefore excise duty on Invoice Value will be the assessable value. since you paid service tax on both components, therefore, in our view matter should be sorted out by the department ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly in the line of Ease of Doing Business. Further, your intention was to pay the tax and due to bonafide believe and since being a interpretative issue, penalty could not be levied. If required you may opt to pay the differential tax and statutory interest to sort out this matter. X X X X Extracts X X X X X X X X Extracts X X X X
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