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2015 (10) TMI 2270 - AT - Central ExciseValuation - Non inclusion of cost of loading/handling charges and insurance at the rate of 8% (under the Employees State Insurance Scheme) incurred on the sale of such scrap - Held that:- Issue is settled by the Larger Bench of this Tribunal in the case of Supreme Petrochem Ltd. (2009 (6) TMI 51 - CESTAT, MUMBAI). We have also gone through the show-cause notice as also a copy of the audit objection/ audit memo. From these documents we are unable to understand the basis of taking an amount of ₹ 1300/MT over and above the invoice price. While the expenditure incurred on loading of the goods may be included in the assessable value but anything beyond that would not be includable for pre 01.07.2000. In the present case, we find that the barring 2-3 vouchers wherever a paltry sum of few hundreds rupees for certain labours, there is no evidence whatsoever for an expenditure of ₹ 1300/MT. We are unable to appreciate how a contribution @ 8% which is under Employees State Insurance Scheme will be includable in the assessable value. Similarly, in respect of their own transfer it is not clear how a figure of ₹ 2000/MT has been arrived at. - demand has been issued without proper price analysis or investigation - Impugned order is set aside - Decided in favour of assessee.
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