https://www.taxtmi.com/caselaws?id=757007 CESTAT New Delhi upheld inclusion of freight charges in transaction value for central excise duty where goods were sold on FOR basis. Following SC precedents in Roofit Industries and Emco Ltd, the tribunal determined that since ownership transferred at buyer's premises rather than factory gate, all expenses including freight collected from customers must be included in assessable value under Section 4. The tribunal rejected appellant's reliance on rescinded circulars, noting Circular 1065/4/2018-CX specifically addressed FOR contracts as exceptions. Penalty under Section 11AC was upheld at 25% for suppression of facts with intent to evade duty, as non-payment was discovered during departmental audit despite settled law from Ultra Tech Cement case. en-us Thu, 08 Aug 2024 00:00:00 +0530 Tue, 13 Aug 2024 18:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757007 CESTAT New Delhi upheld inclusion of freight charges in transaction value for central excise duty where goods were sold on FOR basis. Following SC precedents in Roofit Industries and Emco Ltd, the tribunal determined that since ownership transferred at buyer's premises rather than factory gate, all expenses including freight collected from customers must be included in assessable value under Section 4. The tribunal rejected appellant's reliance on rescinded circulars, noting Circular 1065/4/2018-CX specifically addressed FOR contracts as exceptions. Penalty under Section 11AC was upheld at 25% for suppression of facts with intent to evade duty, as non-payment was discovered during departmental audit despite settled law from Ultra Tech Cement case. Case-Laws Central Excise Thu, 08 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757007