Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (4) TMI 800 - AT - Central ExciseAssessable value - Goods cleared from depot - Whether expenses incurred up to the depot are to be included in the assessable value? - Held that:- As what had been cleared from the factory was paper reels and the same after being cut into sheets at the cutting centres had been sold from the depot, that duty had been paid on the paper reels at the time of their clearance from the factory on the price of the paper reels prevailing at that time at the depot, that the freight, handling charges etc. are already included in the selling price of the paper reels, that this very issue in the respondent s own case had been decided by the Tribunal & that Government's SLP to Hon'ble Supreme Court, against this judgment of the Tribunal has been dismissed by the Hon ble Supreme Court [2010 (7) TMI 845 - SUPREME COURT] that since what had been cleared from the factory was the paper reels and the duty had been paid on the paper reels at the price of paper reels prevailing at the depot at the time of removal, there is no question of addition of the expenses of freight, insurance and handling incurred in sending the cut paper from the cutting centres to depot and that in view of this, there is no infirmity in the impugned order - Since, the price of paper reels at the depot at the time of removal was available and the duty had been paid only on that price, there is no short payment of duty - Decided in favour of assessee.
|