2004 (10) TMI 426

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....ellant. None, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  The issue involved in these 2 appeals filed by Revenue is whether the transport charges are to be included in the assessable value of the goods cleared by M/s. Laxmi Engineering. 2. When the matter was called no one was present on behalf of the Respondents, nor was there any request for adjournment o....

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....d Tribunal's decision in the case of Associated Strips Ltd. v. CCE, 2002 (143) E.L.T. 131. It has been mentioned in the grounds of appeal that as per Rule 5 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2002 only actual cost on transportation is admissible from the price of the goods for arriving at the assessable value, if the same is shown separately in the i....

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....f the Act the value of such excisable goods shall be deemed to be the transaction value, excluding the cost of transportation from the place of removal up to the place of delivery of such excisable goods. Explanation to Rule 5 defines cost of transportation, which is inclusive definition. As per the Explanation cost on transportation includes (i) the actual cost of transportation; and (ii) in case....