VIP INDUSTRIES LTD Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE application is for waiver of deposit of duty of Rs. 11,82,413.

(2.) WE have heard both sides.

(3.) THE applicant sells luggages manufactured by it at the factory gate, as also at its depots. The question is whether, after amendment of Section 4 of the Act by the Finance Act, 1996, whereby there was provision made for a depot to be considered a place of removal within the meaning of Section 4(1) of the Act, and also for accepting separate prices prevailing at each place of removal, the freight incurred by the applicant for transporting the goods from the factory gate to the depot should form part of the assessable value.