TaxTMI 
TaxTMI 
2024 (2) TMI 725
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 18.12.2010 and conducted audit of Books of Accounts and Central Excise records for the period from April, 2008 to March, 2010. During the course of Audit, it was observed by the Audit party that the Respondent charged freight from their buyers but did include the same in the transaction value in terms of Section 4(3)(d) of the Central Excise Act, 1944 The Act which provides that "Transaction Value" means the price actually paid or payable for the goods, when sold, and includes, in addition to the amount charged as price, any amount that the buyer is liable to pay, or on behalf of the assessee by reason of, or in connection with the sale, whether payable at the time of sale or at any other time, including, but not limited to, any amount cha....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n-Appeal, the Revenue has filed the present appeal before the Tribunal. When the matter was called none appeared on behalf of the Respondent-assessee. 4. Heard the learned Departmental Representative and perused the appeal records. 5. The learned Departmental Representative reiterated the grounds of appeal and relied on the discussions and findings of the Additional Commissioner of Central Tax, GST, Central Excise, Gautam Buddha Nagar in the Order-in-Original dated 25.04.2018. We find that the Respondent had entered into contract with respective customers for manufacture and supply of goods, thereafter goods were supplied on the terms and conditions of contract. The customers carried out inspection/testing of the goods in Respondent's fac....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e factory sites of their customers, and most of the components of the machineries were manufactured by them, including some components, bought from market and brought to their factory. All such components were taken in unassembled form for the purpose of convenient transportation to the site of their customers, where such machinery is assembled and installed. The assessee has been supplying the machinery in unassembled form and was assembling and not installing at buyer's place on contract basis and recovering the contract price by raising invoice. The Revenue wanted to add certain cost incurred towards installation, erection, etc., for arriving at the transaction value. The Apex Court held that the Tribunal was correct in holding that the ....