<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2004 (12) TMI 614 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=116098</link>
    <description>Under valuation principles in Section 4 of the Central Excise Act, deductions for freight, trade discount and turnover tax are allowable only to the extent actually incurred, actually paid or actually payable. A claim cannot be inflated beyond the real burden borne, and deductions lacking a complete factual foundation require verification rather than acceptance on assumption. On the facts of one appeal, equalised freight and related deductions were accepted and the penalty was set aside because no separate basis for penalty survived. In the remaining disputes, the matters were remanded for fresh factual examination of whether the claimed freight, discount and turnover tax were truly proved.</description>
    <language>en-us</language>
    <pubDate>Wed, 22 Dec 2004 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 07 Jun 2012 12:33:34 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=153096" rel="self" type="application/rss+xml"/>
    <item>
      <title>2004 (12) TMI 614 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=116098</link>
      <description>Under valuation principles in Section 4 of the Central Excise Act, deductions for freight, trade discount and turnover tax are allowable only to the extent actually incurred, actually paid or actually payable. A claim cannot be inflated beyond the real burden borne, and deductions lacking a complete factual foundation require verification rather than acceptance on assumption. On the facts of one appeal, equalised freight and related deductions were accepted and the penalty was set aside because no separate basis for penalty survived. In the remaining disputes, the matters were remanded for fresh factual examination of whether the claimed freight, discount and turnover tax were truly proved.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Wed, 22 Dec 2004 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=116098</guid>
    </item>
  </channel>
</rss>