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2020 (3) TMI 1430 - AT - Central ExciseValuation - inclusion in the assessable value, the cost of transportation from the sellers premises to the buyers premises in the assessable value of the goods, where the goods are sold on FOR destination basis - Place of removal - Section 4 of the Central Excise Act, 1944 - HELD THAT:- After examining several previous judgments, the Hon’ble Apex Court has in the case of COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NAGPUR VERSUS M/S ISPAT INDUSTRIES LTD. [2015 (10) TMI 613 - SUPREME COURT] held very categorically that the place of removal has to be related to the seller of the goods such as factory or any other place or premises of production or warehouse or a place of consignment agent which is relatable to the seller and it cannot be the buyer’s premises. Once the goods reach the buyer’s premises, there is nothing to be removed or sold and the sale is already complete. Therefore place of removal has to be seller’s premises. For the purpose of valuation under Section 4, the value has to be the transaction value at which the goods are sold by the assessee for delivery at the time and place of removal. Therefore, there is no scope for charging excise duty on the cost of transportation from the seller’s premises to the buyers premises. The demands are not sustainable and impugned orders need to be set aside - Appeal allowed.
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