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    <title>2008 (12) TMI 177 - CESTAT, MUMBAI</title>
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    <description>Rule 5 permits deduction of transportation cost from assessable value where freight is shown separately in the invoice. The decisive requirement is that the freight element is separately indicated and represents the amount recovered from the buyer; it is not necessary that the freight figure be contemporaneously exact at the time of clearance. Deduction cannot be denied merely because the freight is estimated or averaged, so long as the price is not inclusive of freight and the separate recovery reflects the freight charged. A departmental circular did not prohibit deduction in such circumstances, and the freight deduction was upheld in favour of the assessee.</description>
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    <pubDate>Tue, 16 Dec 2008 00:00:00 +0530</pubDate>
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      <title>2008 (12) TMI 177 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=34402</link>
      <description>Rule 5 permits deduction of transportation cost from assessable value where freight is shown separately in the invoice. The decisive requirement is that the freight element is separately indicated and represents the amount recovered from the buyer; it is not necessary that the freight figure be contemporaneously exact at the time of clearance. Deduction cannot be denied merely because the freight is estimated or averaged, so long as the price is not inclusive of freight and the separate recovery reflects the freight charged. A departmental circular did not prohibit deduction in such circumstances, and the freight deduction was upheld in favour of the assessee.</description>
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      <pubDate>Tue, 16 Dec 2008 00:00:00 +0530</pubDate>
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