<?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>2015 (4) TMI 897 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=259016</link>
    <description>In non-FOR sales where goods were despatched at the buyer&#039;s risk, outward freight and transit insurance were not includible in assessable value under section 4 of the Central Excise Act, 1944. The invoices showed that the seller did not accept liability for loss, breakage or shortage after clearance from the factory, and the mere fact that transit insurance was taken in the seller&#039;s name did not establish that ownership or risk remained with the seller. Applying sections 23 and 39 of the Sale of Goods Act, 1930, delivery at the factory gate was treated as delivery to the buyer, so the demand failed.</description>
    <language>en-us</language>
    <pubDate>Tue, 10 Mar 2015 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 15 Feb 2016 14:40:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=383050" rel="self" type="application/rss+xml"/>
    <item>
      <title>2015 (4) TMI 897 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=259016</link>
      <description>In non-FOR sales where goods were despatched at the buyer&#039;s risk, outward freight and transit insurance were not includible in assessable value under section 4 of the Central Excise Act, 1944. The invoices showed that the seller did not accept liability for loss, breakage or shortage after clearance from the factory, and the mere fact that transit insurance was taken in the seller&#039;s name did not establish that ownership or risk remained with the seller. Applying sections 23 and 39 of the Sale of Goods Act, 1930, delivery at the factory gate was treated as delivery to the buyer, so the demand failed.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Tue, 10 Mar 2015 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=259016</guid>
    </item>
  </channel>
</rss>