TMI Blog2014 (1) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... , and freight and insurance charges are part of the transaction value – Following CCE, Chandigarh vs. Punjab Tractors Ltd. [2010 (7) TMI 392 - CESTAT, NEW DELHI] - Prima facie, the Applicant has strong case in their favour – Pre-deposits waived till the disposal – Stay granted. - Appeal Nos.185/10 & 190/10 - ORDER NO.S-63-64 /Kol/2013 - Dated:- 25-3-2013 - Dr. D.M. Misra and Dr. I.P. Lal, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the proper officer. Thereafter, Show-cause Notices were issued for recovery of a part of that refund being erroneous on the ground that freight and insurance charges were not to be added to the assessable value of the goods. The Applicant wrongly added these charges to the assessable value of the goods and claimed the refund of these charges also. The Adjudicating Authority dropped the proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the assessee was entitled to the refund of excise duty paid on the remaining portion representing freight and insurance charges, as such duty was in the first place not required to be paid. The contention is that in a subsequent decision, the Tribunal in the case of CCE, Chandigarh vs. Punjab Tractors Ltd. reported in 2010(259) ELT 123 (Tri.-Del.), after taking into consideration the contract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are not to be added to the assessable value. 5. We find that as per the terms of the contract, the goods are to be delivered at customers place, and freight and insurance charges are part of the transaction value. In these circumstances, we find merit in the contention of the Applicant and the ratio of the Punjab Tractors (supra) is applicable in the facts and circumstances of the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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