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TMI Blog1979 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... personal hearing. This is a case in which the petitioners goods which are classifiable under Item 68 of the Central Excise Tariff had to be charged to duty on assessable value as seen in terms of Notification No. 120/75, dated 30-4-1975 inasmuch as the petitioners had opted for the benefit of aforesaid notification. The notification provide for exemption from duty falling under Item 68 of the 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners incurred on behalf of the buyers and, therefore, indicated the same in the amount billed to the buyers as per the invoice. Since the exemption notification talked of exclusion of duty and local taxes, if any, included duty and sales tax as referred to above, but included freight and insurance in the excise duty value shown in the invoices for purposes of arriving at the excisable val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arately had to be added to the value of the goods shown in the invoice for arriving at the assessable value. He also cited Sec. 4 of the Central Excises and Salt Act and the various judgments of Supreme Court and the judgment of the Patna High Court in the case of TELCO v. S.N. Guha - [1977 (1) E.L.T. (J 14)], and Indo National Ltd. v. Union of India - [1979 (4) E L T. (J 334)], in support of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... towards freight and insurance before giving gross total in the bill. In this situation there was no question of freight and insurance which had been billed to the buyers levy being shown separately in the invoice being added to the value exclusive of the amount of excise duty and the sales tax already shown separately in the bill. 4. The Government agree with the petitioners contention that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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