CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
F.S. Gill, D.N. Lal, M. Santhanam, JJ.
Collector of Central Excise, Chandigarh -Appellant
Versus
Oswal Agro Mill Ltd. -Respondent
Order No. 506 of 1985-A, 506 of 1985
Decided On : 27-06-1985
S. Chatterjee,A.K.S. Bedi
D.N. Lal, Member (T)
1. This appeal has been filed by the Revenue against the order dated 18-4-84 passed by the Collector of Central Excise (Appeals), New Delhi. By the said order, the learned Collector (Appeals) has allowed to the respondents the benefit of the deduction of freight element for movement of the goods from the factory gate to the closest delivery point.
2. The contention of the learned JDR is that Notification No. 120/75-CE, dated 30-4-75 is a parallel mode of determination of the assessable value of excisable goods vis-a-vis their valuation under Section 4(a) of the Central Excises and Salt Act 1944 (hereinafter to be referred to as Act). He invited our attention to an order of this Tribunal reported as MANU/CE/0195/1984 : 1985 (19) ELT 326 (Kunal Engineering Co. Ltd. v. Collector of Customs
3. The dispute in the present appeal centres around the question of allowing the appellant the benefit of deduction of freight incurred for moving the goods from the factory gate to the nearest delivery point. Such a deduction is covered by the Supreme Court's judgment supra. Therefore, the appellants are entitled to this deduction.
4. In the result, we see no merit in this appeal and dismiss the same.