2004 (9) TMI 225

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....(T)]. - M/s. Solaris Chemtech Limited (hereinafter referred to as appellants) are engaged in the manufacture of Caustic Soda Lie, Caustic Soda Fakes, Orthophosphoric Acid, Hydrochloric Acid, DCP etc., falling under various chapters of the Central Excise Tariff Act, 1985. The brief facts of the case are as follows :- 2. As per the terms of delivery for the various products manufactured and so....

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....ery at their factory gate, the value has to be determined in terms of Section 4(1)(b) of the Central Excise Act read with provisions of the Central Excise Valuation Rules in terms of which the cost of transportation would be excluded only if the same is shown separately in the invoice of the excisable goods. The adjudicating authority confirmed demand of duty of Rs. 49,30,774/- on inclusion of tra....

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....at the factory gate and therefore invoked Rule 57 Valuation Rules. It was pointed out that the Commissioner (Appeals), had not appreciated the submission made by the appellants before him. Department did not have any material or evidence to come to the conclusion that the goods are not sold at the factory gate. Moreover, the freight collected by the appellants is the actuals. In their letter dated....

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....s only at the request of the buyers that the appellants arranged transportation and collected the transportation charges. When the price is ex-factory, the valuation will be under Section 4(1)(a) and there is no need to go to Section 4(1)(b). Therefore, Valuation Rules also will not be applicable, when ex-factory price is available. Under these circumstances, it is not necessary to show the cost o....