GUJARAT BOROSIL LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) The issue raised in these appeals pertains to transit insurance, viz., whether that is to be included while arriving at transaction value Under Sec. 4 of the Central Excise Act, 1944. The present case covers the period from February, 1999 to June, 2005. We are informed that for subsequent period this issue has been decided in favour of the Assessee. However, by the impugned order, the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT) has taken a view which is against the Assessee primarily on the ground that the invoices pertaining to the transit insurance were not allegedly produced either before the CESTAT or before the Commissioner.

(2.) Mr. V. Lakshmikumaran, Learned Counsel appearing for the Assessee -Appellant, submits that the aforesaid observation in the impugned order is factually incorrect inasmuch as these invoices were placed on record before the Commissioner as well as the CESTAT.

(3.) In that view of the matter the proper course of action would be to remit the case back to the CESTAT for fresh consideration and it would be open to the Appellant -Assessee to point out those invoices which are, according to the Appellant, available on record.