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2010 (1) TMI 992 - CESTAT NEW DELHIValuation - equalized freight - includibility - whether during the period from 1-7-2000 to 1-8-03, the equalized freight was excludible from the assessable value of the goods? - Held that: - Since as per the provisions of Section 4(1)(a) as it stood during period w.e.f. 1-4-2000, the assessable value of the goods is the transaction value in respect of the sale for delivery at the time and place of removal, if the transaction value is for delivery at a place other than the place of removal, if the transportation cost from the place of removal to the place of delivery, the evidence about which has to be produced by the Assessee, has to be excluded from the assessable value. The deduction of the freight charged by the Appellant from their customers on equalized basis and which is shown separately in the invoices cannot be disallowed on the ground that it is equalized freight. Appeal allowed by way of remand.
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