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1999 (9) TMI 355

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....h, JDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellants are engaged in the manufacture of paints. Their sales are ex-depot. Therefore, they claimed various deductions from the depot price as under :- (a) Freight from depot to local distributor/dealer -  0.53% (b) Transit insurance from factory gate to depot -  0.16% (c) Octroi -  0.30....

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....wer authorities refused the claim for deduction on the ground that the appellants have declared depot as the place of removal of excisable goods and the sale is conducted through the depots. Therefore, depot prices are to form the assessable value. The Assistant Collector further held as under :- "There is nothing on record to show that the assessee himself under any agreement or under any terms ....

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....peal, the appellants have reiterated their submissions before the lower authorities. They have also filed copies of price list effective from 16-3-1997 and copies of challan cum invoice No. 1713, dated 12-10-1996 and No. 1711, dated 7-10-1996. During arguments attention has been drawn to the provision in challan cum invoice No. 1711 mentioning freight amount separately as against no mention of fre....

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....ed that in the light of depot being the place of removal and depot price being the basis of assessment, all costs incurred up to the depot sale have to form part of assessable value and since transit insurance is up to depot, this cost also has been rightly held to be includible in the assessable value. The appellants, only submit that as transit insurance is a post manufacturing cost, the same sh....