Recently central excise raised a spot memo on our company regarding excess freight taken from customer during audit. Our company charged on various customer Rs. 5,28,289/- and but we paid to the transporter only Rs. 1,48,461/-. Now ther are demanding excise duty on excess freight taken. They are not accepting loading and unloading charges paid by us to our employee. we had included loading charges in our ledger but they do not include it as payment towards freight. is there objection is correct? is there is any remedy. Please suggest me.
2 Replies
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 19 November 2011
as employees are part of your establishment, their role or activity is included in assessable value, hence only the actual payment to transporter is to be excluded from gross receipt, balance would be taken in assessable value,
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