2008 (6) TMI 466

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....e Appellant. Shri V. Chaudhary, Jt. CDR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. -  This is an appeal against the order of the Commissioner dated 22-9-2004. 2. Heard both sides. 3. The relevant facts, in brief, are as follows :- (a)     The appellant undertakes design, manufacture and supply various heavy and sophisticated el....

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....ht NTPC contracts relating to the period from 1-7-2000 to 28-2-2003 and also imposed equal amount of penalty. 4. Learned Advocate submits that freight actually incurred by them is, in fact, higher than the amount actually collected by them, from their customers. He submits that this fact has been noted in the order of the adjudicating authority as well. In this connection, he draws our att....

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.... Commissioner requires to be upheld. 6. We have carefully considered the submissions. The stipulation that freight amount should be indicated in the invoices separately is precautionary provision with a view to ensure that an assessee does not deduct amount in excess of the freight and thus artificially reducing the assessable value. In the present case, admittedly, the assessee is incurri....