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2011 (2) TMI 1058 - CESTAT, MUMBAIAssessable value - Valuation of excisable goods sold by the assessee - department was of the view that the place of removal was not the factory gate but the premises of the buyer where the delivery took place and accordingly, the cost incurred on account of freight including transit insurance charges from the factory gate to such place of removal was includable in the assessable value - Held that:- the terms of sale were 'ex-works' i.e., ex-factory gate. Merely because the assessee has arranged for the transportation of the goods along with transit insurance it does not lead to the conclusion that the place of removal has been shifted from the factory gate to the buyers premises. As decided in Escorts JCB Ltd. (2002 (10) TMI 96 - SUPREME COURT OF INDIA) if as per the terms and conditions of sale, the delivery is taking place at the factory gate and transit risk and insurance are to be borne by the buyers from the time the goods are handed over to the buyer's representative or from the time the goods leave the assessee's premises, the 'place of removal' remains the factory premises, since the transaction of sale, payment of the price and delivery of goods to the carriers occurred at factory premises. The ratio of the above judgement applies squarely to the facts of the case, appeal dismissed
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