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TMI Blog2008 (12) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. It is their contention that since the actual freight amount was not known at the time of clearing the goods, an approximate amount was indicated in the invoice separately over and above the price charged for the goods. In some cases, it so happened that the freight amount indicated in the invoice turned out to be more than the actual freight paid by them to the transporter and in such cases, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separately from the buyers. It is their contention that since the actual freight amount was not known at the time of clearing the goods, an approximate amount was indicated in the invoice separately over and above the price charged for the goods. In some cases, it so happened that the freight amount indicated in the invoice turned out to be more than the actual freight paid by them to the transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. If the assessee has a system of pricing and sale at uniform prices inclusive of equated freight for delivery at factory gate or elsewhere, no deductions for freight element will be permissible. Show cause notices issued in this regard were confirmed by both the lower authorities and a penalty of Rs. 5,00,000/- was imposed by the original authority, which was reduced to Rs. 2,00,000/- by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht is always shown separately. Therefore, even according to the Board circular, the deduction of freight cannot be denied to them. 3. Learned SDR reiterates the findings of the Commissioner (Appeals). 4. We have considered the submissions. We find that as per Rule 5, the deduction of freight is limited to actual cost of transportation, provided the transportation charges are shown separate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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