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2007 (11) TMI 618 - AT - Central ExciseValuation - includibility - freight charges and discounts - whether deduction of equalized freight has to be average equalized freight based on last year's actuals, as held by learned Member (Judicial), or the deduction should be of the actual equalized freight incurred during the particular year, when the assessments are provisional, as held by learned Member(Technical)? Held that: - in the case of Baroda Electric Meters Ltd. vs. CCE, [1997 (7) TMI 126 - SUPREME COURT OF INDIA], the Hon'ble Supreme court has set aside the finding of the Tribunal that wherever freight actually paid was less than the amount collected by way of freight and transportation charges, the difference was appropriated by the appellant and, therefore, the same would be a part of the assessable value. In other words, the Supreme Court has held that even when the freight actually paid was less than the amount collected by way of freight, and the difference was retained by the appellant, it would still not form part of the assessable value. This being so, the issue stands answered in favour of the assessees. Appeal dismissed - decided against Revenue.
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