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2019 (7) TMI 783 - AT - Central ExciseValuation - goods valued on the ex-factory value whereas their contract for supply of goods was on FOR basis - inclusion of cost of freight and insurance in assessable value - Place of removal - Rule 5 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 read with Section 4 of Central Excise Act, 1944 - HELD THAT:- Whether the FOR prices are inclusive or not at the time of clearances is not the criteria for assessing the transaction value. The only possible criteria for the purpose is as to whether the property in goods stands transferred to the buyer at the time when the goods are cleared whether from the factory of the manufacturer, its depot or warehouse or from any other place. No doubt the place can be the buyer’s place as well but the criteria still remains the conclusion of sale. From the adjudicating authorities’ order itself it is apparent that except for inclusion of freight prices in the price of purchase, every other formality of completing the sale got concluded at the time of clearance itself. It has been acknowledged in the Order as well as in the show cause notice that all the verifications, approvals as were agreed to be required by the buyer also got conducted at the manufacturers’ factory itself - In the given circumstances, the sale of impugned goods got completed prior the goods got cleared form the manufacturers’ factory. Appeal dismissed - decided against Revenue.
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