CA No. 5832 of 1999 – in the matter of CCE, Meerut v. M/s. Surya Roshini Ltd. – inclusion or otherwise of transit risk insurance for the purpose of determination of assessable value of bulbs and tubes – question regarding
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Transit risk insurance: payments for breakages are compensation, not transport cost, and cannot be treated as insurance. The assessee included a transit insurance charge in the price of goods and sought deduction as part of freight; the department found the charge was reimbursement for breakages and disallowed it; the Tribunal allowed the deduction but the Supreme Court held that payments to make good transit breakages are not insurance nor part of transportation cost and are compensatory credit note adjustments to customers.
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Provisions expressly mentioned in the judgment/order text.
Transit risk insurance: payments for breakages are compensation, not transport cost, and cannot be treated as insurance.
The assessee included a transit insurance charge in the price of goods and sought deduction as part of freight; the department found the charge was reimbursement for breakages and disallowed it; the Tribunal allowed the deduction but the Supreme Court held that payments to make good transit breakages are not insurance nor part of transportation cost and are compensatory credit note adjustments to customers.
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