2012 (4) TMI 507

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..... 44. 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 t .....

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..... lies in a narrow compass, we take up the appeal for disposal in the absence of any representation from the assessee. 3. Heard learned SDR and perused the record. 4. The facts are not in dispute. The respondents herein has factory and from the factory gate the sales took place. It is not in dispute that respondent collects the insurance charges, pays the same to the insurance company on behalf .....

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..... 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. Similarly penalty imposed in this regard is also not sustainable. It can be seen from the above reproduced findings of the first appellate authority, the first appellate authority was correct in following the decision of the Tribunal which has been upheld by the Ape .....

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