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2018 (2) TMI 909 - AT - Central ExciseValuation - includibility - freight element shown in the invoices separately - lower authorities held that the appellants should include the freight also in the transaction value as the terms of sales are on FOR basis, goods to be delivered at the premises of the buyer - Held that: - Hon’ble Supreme Court in Ispat Industries Ltd. [2015 (10) TMI 613 - SUPREME COURT] examining the term “place of removal” held that under no circumstances, the ‘place of removal’ can refer to a ‘place of delivery’ which may on facts be the buyer’s premises In the present case, the sales tax is shown in the invoice prepared in the factory and there is nothing to indicate that the sale is not happening at the factory gate. The freight incurred by the appellant is shown separately and collected from the client in terms of their own arrangement - freight need not be included in assessable value. Appeal allowed - decided in favor of appellant.
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