IN THE SUPREME COURT OF INDIA
B. N. Agrawal, S. N. Variava, JJ.
PRABHAT ZARDA FACTORY LIMITED
Versus
COMMISSIONER OF CENTRAL EXCISE AND ANOTHER.
Civil Appeal Nos. 4808 and 4809 of 2000 with Civil Appeal Nos. 1858, 1859, 7898 of 2001 and 4221 of 2002
Decided On: Decided On : 14-11-2002
ORDER
In these matters, the question is whether freight and insurance charges are to be included in the assessable value for the purposes of excise. This question is covered by the judgment of this Court in the case of Escorts JCB Ltd. v. Commissioner of Central Excise, Delhi-II (2002) 146 ELT 31. The only difference which has been pointed out is that in the Escorts case (2002) 146 ELT 31 the sale was at the factory gate whereas in these cases, the sale is from the depot. Learned counsel for the appellants admit that the freight and insurance charges up to the depot would be includible in the assessable value for the purposes of excise. However, the sale being at the depot, the freight and insurance for delivery to the customers from the depot would not be so includible as per the said judgment.
With the above clarification, the appeals stand allowed.
Appeals allowed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.