TMI Blog2023 (11) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... by the judgment of Hon ble Supreme Court in the case of COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NAGPUR VERSUS M/S ISPAT INDUSTRIES LTD. [ 2015 (10) TMI 613 - SUPREME COURT] wherein it has been held It is clear, therefore, that on and after 14-5-2003, the position as it obtained from 28-9-1996 to 1-7-2000 has now been reinstated. Rule 5 as substituted in 2003 also confirms the position that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory of the Appellant therefore, they are eligible to get the abatement of the freight charges collected by them from their buyers. He submits that this issue is no more res integra. This issue has been decided by the Hon ble Supreme Court in the case of CCE, Nagpur Vs. Ispat Industries Ltd.-2015 (324) ELT 670 (SC). He further submits that this decision has been followed by several Tribunals. He pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s case on facts. It was found that goods were to be delivered only at the place of the buyer and the price of the goods was inclusive of transportation charges. As transit damage on the assessee s account would imply that till the goods reached their destination, ownership in the goods remained with the supplier, namely, the assessee, freight charges would have to be added as a component of excis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ters of Credit and bank discounting facilities, sometimes in advance. Invoices were prepared only at the factory directly in the name of the customer in which the name of the Insurance Company as well as the number of the transit Insurance Policy were mentioned. Above all, excise invoices were prepared at the time of the goods leaving the factory in the name and address of the customers of the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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