2005 (10) TMI 24

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....h sides, we find that the short issue involved in the present appeal is as to whether the freight and transit insurance  undertaken by the appellants on behalf of their customers and subsequently reimbursed to them by their customers is required to form part of assessable value or not. 2.The Commissioner has held against the appellants on the ground that the appellants continued to remain ....

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.... also shown us that contract terms indicate that the ownership in the property is transferred to their customers at the factory gate itself. The Tribunal's decision in the case of Escorts JCB Ltd., v. Commissioner of Central  Excise, New Delhi, reported in 2000 (118) E.L.T. 650 (T), relied upon by  the Commissioner has been over ruled by the Hon'ble Supreme Court as  reported in 200....

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....same in lorry/rail/steamer. As such, it is clear that the ownership of the  goods passes on to the customers at the factory gate itself. Accordingly. we do not find any force in the submissions of the Ld. DR that as the  contract was for installation and erection of the goods, which;  incidentally are separate activity, the freight and insurance charges should be included in the ass....