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2009 (5) TMI 663

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..... to the assessable value. It is not the Revenue’s case that the assessable value adopted in other cases, where no insurance service was being provided, is depressed or incorrect. There is also no other evidence on record indicating that such recovery of more insurance amount was on account of the value of the cleared products - Reliance placed in the case of BARODA ELECTRIC METERS LTD. VERSUS C .....

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..... nce charges from their customers then the actual amount spent by them. As such the lower authorities have held that such excess receipt of amount is liable to be included in the assessable value of the goods. The demand stands confirmed by raising the show cause notice in terms of the proviso to Section 11A i.e. by invoking the extended period of limitation. 2. After hearing both the sides, we f .....

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..... er, transit insurance is to be arranged by the customers. As such it becomes clear that the appellant is not undertaking insurance activities in respect of the clearances. The assessable value adopted in those clearances does not stand doubted or challenged by the Revenue. Any excess recovery on account of the insurance activity cannot be added to the assessable value, as the issue stand settled b .....

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