9911796707
TMI Blog2024 (12) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... mers (shown separately in Invoice) in the course of sale of excisable goods, in the assessable value for the purpose of valuation under Section 4 of Central Excise Act, 1944 - HELD THAT:- From the invoice, it can be seen that the freight amount has been shown separately and the nature of supply is ex-factory supply. Therefore, the freight is not includable in the assessable value in terms of Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, both the appeals are taken together for disposal. 1. The issue involved in the present appeals is, whether the freight charges collected from customers (shown separately in Invoice) in the course of sale of excisable goods, is includable in assessable value for the purpose of valuation under Section 4 of Central Excise Act, 1944. 2. Shri Saurabh Dixit, Learned Counsel appearing on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... con India Ltd 2024(4) TMI 62- CESTAT Ahm 2.1 He further submits that since issue involved is interpretation of valuation provision and on which various judgment have been passed, there is no suppression of facts on the part of the appellant. Hence, the demand being under the extended period of limitation cannot be sustained and penalty also cannot be imposed. 3. Shree H P Shrimali, Learned Superin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessable value in terms of Rule 5 of Central Excise Valuation Rules 2000, the same reads as under: - Rule 5. Where any excisable goods are sold in the circumstances specified in clause (a) of sub-section (1) of section 4 of the Act except the circumstances in which the excisable goods are sold for delivery at a place other than the place of removal, then the value of such excisable goods sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
