TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether, on a sale of transformers on FADS basis, the buyer's premises could be treated as the place of removal under the Central Excise Act so as to include freight and transit insurance in the assessable value.
Analysis: The dispute turned on the meaning of "place of removal" under Section 4 of the Central Excise Act, 1944. The assessment value under Section 4(1)(a) is the transaction value applicable at the place of removal, and the relevant statutory definition in Section 4(3)(c)(iii) identifies the place of removal as a depot, consignment agent's premises, or any other place or premises from which the goods are to be sold after clearance from the factory. The earlier binding view that the buyer's premises could not be the place of removal was followed. On that basis, freight and transit insurance from the factory to the buyer's premises were not includible in the assessable value.
Conclusion: The place of removal remained the seller's premises and not the buyer's premises, and the freight and transit insurance charges were not liable to be included in the assessable value.
Ratio Decidendi: For central excise valuation, the buyer's premises cannot be treated as the place of removal where the statutory scheme confines the place of removal to the seller's premises or a place from which the goods are sold after clearance, and transportation costs beyond that point are excluded from assessable value.
TaxTMI 
TaxTMI 
