Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2022 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (1) TMI 315 - AT - Central ExciseRefund claim - deduction of net excise duty paid or total amount of duty paid, from the sale value of goods - deduction of freight outward from the sale Value - as per explanation given in Para 6 (5) of N/N. 1/2010-CE dared 6.2.2010, only excise duty, value Added Tax and other indirect taxes are required to be excluded - HELD THAT:- In appellant’s own case for earlier period in KANGARO INDUSTRIES LIMITED VERSUS CCE, JAMMU [2017 (11) TMI 90 - CESTAT CHANDIGARH], this Tribunal after considering the issue in detail held that when an amount of duty is refunded to the assessee, under N/N. 1/2002-CE, the same has to be deducted from the excise duty paid by the appellant while arriving at actual value addition - regarding deduction of outward freight it was held that It is settled law that in the context of Section 4(3)(C) when the goods are on FOR destination sales and the freight is paid by the seller and the goods are to be insured by the seller, then the seller cannot claim deduction of freight and insurance from sale price - also, in the balance sheet for 2011-2012, the freight outward is shown under selling and distribution expenses. Hence, the freight outward is includible in the sale value. Appeal allowed - decided in favor of appellant.
|