Supreme Court · 2015 INSC 1007 · Decided 31 July 2015
Commissioner Central Excise, Mumbai-Ill v. MIS. Emco LTD.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 1007 · [2015] 9 S.C.R. 925
- Case number
- CIVIL APPEAL No. 3418/2004
- Decided
- 31 July 2015
- Bench
- A.K. SIKRI, N.V. RAMANA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Central Excise Act Section 4(3)(d), 4
Headnote
Central Excise Act, 1944...:. s.4(3)(d) [as substituted by B s. 94 of Finance Act, 2000] - Transaction value - c Ascertainment of- Payment of excise duty by assessee on the price at which the goods were sold to its consumers - Demand of Revenue at the price by including the transportation cost and Whether the cost of freight and transit insurance is to be· included in the 0 'transaction value' - Held: Inclusion of cost of freight and insurance cost, depends upon the place of removal of the goods - If the goods are cleared at the factory gate, then the freight and insurance cost are
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