Waiver of pre-deposit granted on duty and penalty amounts. Freight element excluded from assessable value.

The Appellate Tribunal CESTAT, New Delhi granted waiver of pre-deposit of duty and penalty amounting to Rs. 1,77,456/- each. The applicant's contention that freight element should not be included in assessable value of goods was accepted, as goods were cleared at the factory gate before Railways took possession. The stay petition was allowed.

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The Appellate Tribunal CESTAT, New Delhi granted waiver of pre-deposit of duty and penalty amounting to Rs. 1,77,456/- each. The applicant's contention that freight element should not be included in assessable value of goods was accepted, as goods were cleared at the factory gate before Railways took possession. The stay petition was allowed.

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