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2011 (12) TMI 438 - AT - Central Excise100% EOU - Duty demand - Valuation for DTA sale - Held that:- period involved in this case is prior to 1-3-2002, which is covered, vide the procedure prescribed under the Circular dated 18-5-1994. The Assessee had calculated the duty, vide the method prescribed under the aforesaid Circular, which is also not in dispute. Therefore, the demand to this extent is not sustainable. Insofar as the valuation in case of stock-transfer is concerned, the assessable value for sale to independent buyers is available, and it is not in dispute that the Assessee had paid the duty as per such assessable value - wherever freight actually paid is less than the amount collected by way of freight and transportation charges, the differential amount is not includible in the assessable value, since the duty of excise is a tax on the manufacturer and not a tax on the profits made by a dealer on transportation. Thus, the differential amount is not includible in the assessable value - Following decision of Boroda Electric Meters Ltd. v. Collector of Central Excise [1997 (7) TMI 126 - SUPREME COURT OF INDIA] - Decided in favour of assessee.
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