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2017 (11) TMI 90 - AT - Central ExciseValuation - fixation of Special Rate (value addition) - N/N. 1/2010-CE dared 6.2.2010 - whether net excise duty paid and not the total amount of duty paid is required to be deducted from the sale value of goods? - 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 - this Tribunal in the case of Dharampal Satyapal Ltd. vs. CCE [2016 (5) TMI 1049 - CESTAT KOLKATA] took the view that portion of excise duty which is refunded to the appellant under N/N. 32/95-CE is the duty which is considered as exempt. Whether freight outward is not to be deducted from the sale Value since as per explanation given in Para 6 (5) of Notification, only excise duty, value Added Tax and other indirect taxes are required to be excluded? - 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.
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