Case Law Details
Satya Megha Ispat Private Limited Vs Commissioner of Central Excise (CESTAT Kolkata)
Transportation charges up to buyer’s premise, if included in agreed price, count towards assessable value
The CESTAT, Kolkata, in M/s Satya Megha Ispat Pvt. Ltd. v. Commissioner of Central Excise [Excise Appeal No. 71484 of 2013 dated August 04, 2023] set aside the refund rejection order and held that in case where the sale took place at the buyer’s premises after accepting the goods post inspection, the price charged by the assessee till the place of sale including freight, etc.
Facts:
M/s. Satya Megha Ispat Pvt. Ltd. (“the Appellant”) is engaged in the manufacturing of Ferro Silicon, MS Ingot and Runner& Risers, located in the notified area declared under Notification No.32/99-CE dated July 08, 1999 and was eligible for the exemption by way of refund of duty paid out of account current for a period not exceeding 10 years from the date of commercial production and the Appellant was availing the said benefit.
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