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    <title>2023 (7) TMI 42 - CESTAT KOLKATA</title>
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    <description>Freight beyond the place of removal was treated as excludible from assessable value under Section 4 of the Central Excise Act where the depot was the place of removal and the assessee&#039;s chartered accountant certificate, read with the equalised freight circular, supported deduction from depot to dealer premises; the department produced no contrary evidence, so the deduction was accepted. The objection that the certificate did not classify freight as primary or secondary was treated as a matter of nomenclature only. On similar factual grounds, the ratio of VIP Industries was held applicable because the assessee&#039;s claim of a constant country-wide price was unrebutted. The demand was therefore not sustainable on the reasoning adopted below.</description>
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      <description>Freight beyond the place of removal was treated as excludible from assessable value under Section 4 of the Central Excise Act where the depot was the place of removal and the assessee&#039;s chartered accountant certificate, read with the equalised freight circular, supported deduction from depot to dealer premises; the department produced no contrary evidence, so the deduction was accepted. The objection that the certificate did not classify freight as primary or secondary was treated as a matter of nomenclature only. On similar factual grounds, the ratio of VIP Industries was held applicable because the assessee&#039;s claim of a constant country-wide price was unrebutted. The demand was therefore not sustainable on the reasoning adopted below.</description>
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