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2017 (3) TMI 856 - AT - Central ExciseValuation - place of removal - whether the freight and insurance is excludable from the assessable value in a case where insurance is taken by the appellant? - denial on the ground that since the insurance is taken by the respondent, the ownership of the goods continues with the appellant till it is delivered to the buyer s premises and actual sale takes place at the premises of the buyer -Held that: - the learned Commissioner has examined the purchase orders, acceptance orders, consignment notes and found that there is no condition related to the issue whether the inspection is carried out at site and therefore, held that the goods was not sold at customer’s premises. The freight and insurance from place of removal is excludible from the assessable value - in the respondent's own case [2015 (10) TMI 613 - SUPREME COURT] on the identical facts, the Hon’ble Supreme Court has held that the place of removal is the factory gate of the assessee. Accordingly, the freight is not includible in the assessable value in the light of the judgement of the Hon’ble Supreme Court in the respondent's own case - appeal dismissed - decided against Revenue.
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