Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the price adopted for contract sales in Part II proforma constituted the assessable value and whether freight, including equalised freight, was deductible while determining such value.
Analysis: Part II proforma related to contract sales made at the buyer's premises, and therefore the price applicable to such sales, not the Part I ex-factory dealer price, governed assessment for those goods. Freight is deductible in determining assessable value, whether it is collected on actual basis or on an averaged or equalised basis. The lower authorities had therefore no legal basis for denying the claimed deduction and for rejecting the assessable value claimed by the appellants.
Conclusion: The contract sale price in Part II was to be treated as the assessable value, and equalised freight was allowable as deduction. The issues were decided in favour of the assessee.
Ratio Decidendi: For contract sales, the price of such sales is the relevant assessable value, and freight remains deductible even when recovered on an averaged or equalised basis.