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Central Excise - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Valuation - third party inspection charges cannot be included in ...


Valuation excludes 3rd party inspection & transport charges. "By reason of sale" doesn't negate charging section. Demand without evidence unsustainable.

Case Laws     Central Excise

August 6, 2024

Valuation - third party inspection charges cannot be included in transaction value - Supreme Court held cost of transportation from place of removal to delivery excluded from price - expression "by reason of sale, or in connection with sale" in definition of transaction value does not negate charging section - demand for duty on third party inspection charges set aside. Demand based solely on statement of Director without corroborative evidence unsustainable - Continental Cement case followed - demand set aside. Penalty on Director unjustified, set aside. Appeals allowed.

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