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The CESTAT upheld the impugned order, dismissing the Revenue's appeal regarding the non-inclusion of transit insurance charges in the assessable value for excise duty. It was determined that the sale occurred at the factory gate, with title and risk passing to the dealers at that point, who bore transportation costs thereafter. The excess transit insurance charges collected were found to be independent of the sale transaction and manufacturing activity, lacking nexus with the excisable goods. Consequently, these charges constituted mere profit, not subject to excise duty under Section 4(1)(a) of the Excise Act. The tribunal affirmed that the transaction value for excise duty assessment is limited to the ex-factory price, excluding the excess transit insurance amount.
The CESTAT upheld the impugned order, dismissing the Revenue's appeal regarding the non-inclusion of transit insurance charges in the assessable value for excise duty. It was determined that the sale occurred at the factory gate, with title and risk passing to the dealers at that point, who bore transportation costs thereafter. The excess transit insurance charges collected were found to be independent of the sale transaction and manufacturing activity, lacking nexus with the excisable goods. Consequently, these charges constituted mere profit, not subject to excise duty under Section 4(1)(a) of the Excise Act. The tribunal affirmed that the transaction value for excise duty assessment is limited to the ex-factory price, excluding the excess transit insurance amount.
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