2011 (1) TMI 995

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....Advocate for the respondent   Per: P.G. Chacko:   In this appeal filed by the department, the short question arising for consideration is whether the freight charged by the respondent (assessee) from their buyers in respect of goods sold to the latter during the period from October 2001 to July 2002 is liable to be included in the assessable value of the said goods.   2. Af....

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....ory and have been delivered at the buyers' premises. The apex court held that the elements of freight and transit insurance were not includable in the assessable value of the goods. The learned SDR has made an endeavour to distinguish the facts of the instant case by pointing out that the freight was not separately shown in the relevant invoices. He has also referred to a few of such invoices avai....

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....ed to the buyer and the one shown in the invoice issued to the assessee by the transporter. This factual position is amply clear from the show-cause notice and the order-in-original. Hence, it cannot be gainsaid that the actual freight was shown in the invoice issued to the buyers or that duty was paid on the excess freight collected from the buyers. In other words, what the assessee wanted to exc....

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....rice of Excisable Goods) Rules, 2000. Contextually, we have perused the Board's circular, which in para 18 thereof states that exclusion of cost of transportation is allowed only if the assessee has shown it separately in the invoice and only for the actual cost so charged from the buyer. In the instant case, the cost of transportation was shown in the invoices issued to the buyers and the same wa....