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2018 (2) TMI 698 - AT - Central ExciseValuation - includibility - Revenue entertained a view that the differential freight amount is required to be added to the assessable value of the goods and duty is to be paid - Held that: - The Hon'ble Supreme Court in the case of Baroda Electric Meters Ltd. vs. Collector of Central Excise [1997 (7) TMI 126 - SUPREME COURT OF INDIA] has held that in case the freight expenses incurred by an assessee are less than the freight expenses recovered by him from his customers, the differential amount will not be includable in the assessable value, since the duty of excise is on manufacture and not on profit made by a person on transportation - amount not includible. Further, as the exports were under bond and no duty was payable, the question of adding differential amount in assessable value and paying duty on the same, does not arise. Appeal allowed - decided in favor of appellant.
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