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2013 (9) TMI 61 - CESTAT NEW DELHIAddition to assessable value - Duty on insurance claim - Held that:- lower authorities have simplicitor raised the demand on the quantum of insurance claim received by the appellant. There is no doubt about the damage of the goods and subsequent reduction of value of such damaged goods. The appellants have already paid duty on the clearance of damaged goods at the value on which they were sold. The authorities have not referred to any provision of law requiring payment of duty on the insurance claim. Such insurance amount was given to the appellants in respect of goods which were damaged and not on any other account. And as such there is no justification for addition of the same in the value of the goods damaged subsequently sold - Decided in favour of assessee.
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