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2012 (4) TMI 507 - CESTAT AHMEDABADDuty demand - Insurance charges collected from purchasers - Held that:- goods were sold by the appellants from the factory gate, which is the place of removal and delivery took place at the buyers end as per Section 4 of the Central Excise Act, 1944. In this connection I have perused the case laws of M/s. Escorts JCB Limited v. CCE, Delhi-II [2002 (10) TMI 96 - SUPREME COURT OF INDIA] cited by the appellants. I find that ratio thereof is squarely applicable looking to the facts and circumstances of the case. Moreover, Board vide its Circular No. 59/1/2003-CX., dated 3-3-2003 also clarified that insurance charges will not be includible in the light of the Hon’ble Supreme Court’s judgment. Therefore, the demand of Rs. 1,07,581.00 is not sustainable and same is set aside - Decided against Revenue.
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