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2010 (7) TMI 392 - AT - Central ExciseValuation – Freight/transportation expenses - going through the sales contract, find that in each supply order, which is against the DGS&D rate contract, there is a clause that the goods are to be dispatched by road at the consignors' risk on freight paid basis - during transportation from the factory gate to the buyer's premises, the risk of loss of goods or damaged to the goods, is of the respondent not of the buyer, we are of the view that in such a situation, the sale has taken place at the buyer's premises only, as it is only after handing over the goods in good condition at the buyer's premises, that the consideration for the transfer of property in goods would be received by the Respondent - in accordance with the provisions of Rule 7 of the Central Excise Valuation Rules, the assessable value of the goods would be their value at the buyer's premises, which naturally would include the element of freight from the factory upto that premises - duty was payable on the assessable value including the expenses of freight from the factory gate to the buyer's premises
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