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The CESTAT upheld the Commissioner (Appeals) order confirming the inclusion of freight charges in the assessable value for excise duty where sales were on a Freight on Road (FOR) basis, relying on precedent that the place of removal determines valuation. The Tribunal affirmed that only charges up to the point of transfer of ownership are includible, excluding post-transfer expenses borne by the buyer. The extended period of limitation was validly invoked as the appellant deliberately suppressed the freight component to evade duty, a fact uncovered during audit. The Tribunal found no error in the Commissioner (Appeals) decision and dismissed the appeal, confirming the duty demand and the applicability of extended limitation due to suppression of material facts.
The CESTAT upheld the Commissioner (Appeals) order confirming the inclusion of freight charges in the assessable value for excise duty where sales were on a Freight on Road (FOR) basis, relying on precedent that the place of removal determines valuation. The Tribunal affirmed that only charges up to the point of transfer of ownership are includible, excluding post-transfer expenses borne by the buyer. The extended period of limitation was validly invoked as the appellant deliberately suppressed the freight component to evade duty, a fact uncovered during audit. The Tribunal found no error in the Commissioner (Appeals) decision and dismissed the appeal, confirming the duty demand and the applicability of extended limitation due to suppression of material facts.
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