2003 (6) TMI 114

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....er : Justice K.K. Usha, President]. - In this appeal at the instance of the assessee the issue arising for consideration is whether equalized freight shown separately in the invoices are to be added to the assessable value of the goods, even though in the order impugned the Commissioner has taken the view that all the goods were being removed on payment of duty from the factory premises itself. On....

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....d show that no other ingredient has to be added to the sale price at the factory gate for arriving at the assessable value. Determination of value by applying Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [hereinafter referred to as the Valuation Rules] would arise only in the case of excisable goods coming under clause (b) of sub-section (1) and therefore, Rule ....

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....f the view that the freight and insurance expenses incurred for transporting the goods from the depot to the buyers' place and shown separately in the invoice whether in terms of actual amount or on equalized basis, cannot be added for arriving at the assessable value for the following reasons. 4. During the relevant period under Section 4(1)(3)(c) depot was not brought under the term "place of....

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....l transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same, at the time nearest to the time of removal of goods under assessment." There is no case for the Revenue before us that the three conditions required therein namely, excisable goods are sold after their clearance from the place of removal, that the asses....