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return fare as rule 5 of cevr 2000 when deductible & when not ded. why? please explain it

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9 Replies

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 11 February 2011

when goods are sold at factory gate, the fare beyond that is not to be taken in assessable value, when sold through depot of self, then the fare from place of production to the place of clearence ( depot) should be taken in assessable value, but return fare is not related to any activity which is related to "manufacture" hence its not to be taken in calculation while calculating assessable value, hence disallowed.

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CA Unnikrishnan Nair N (Chartered Accountant) (2083 Points)
Replied 15 February 2011

Return freight is not includible in assessable value for ED purpose.

(Guest)

sir is there any circumstances to include the return fare

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 15 February 2011

share the detailed query to discuss the probabilities

Sanjay Dwivedi (Advocate & Consultant) (143 Points)
Replied 17 February 2011

Return fair is not to be included in the assessable value. Please refer to

DCW Ltd. v. CCE [2007 (217) ELT 0541 (Trb - Chennai)]

Haldia Petrochemicals Limited v. CCE, Haldia [2009 (233) ELT 0344 (Tri. - Kolkata)]

CCE, Vadodara-II v. Gujarat Fluorochemicals Ltd. [2009 (248) ELT 0885 (Tri. - Ahmedabad.)]

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(Guest)

Originally posted by : U S Sharma
	share the detailed query to discuss the probabilities

Sir if return fare charged separately on the invoice

Sanjay Dwivedi (Advocate & Consultant) (143 Points)
Replied 18 February 2011

The return fair is not includible in value irrespective of how you are indicating it in the documents. For example you may just put a remark that the 'Transport Charges include return fair'.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 18 February 2011

Originally posted by : sudhir goyal
	Originally posted by : U S Sharma share the detailed query to discuss the probabilities Sir if return fare charged separately on the invoice

return fare is not related to sales, as the sale ends on the point of factory gate, and if any charge is added after the excise invoice then its not part of assessable value, no issue with commercial invoice, but duty can not be deducted on such charges, neither the assessee can take input credit of service tax paid on GTA on such fares beyond factory gate.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 18 February 2011

There is only one possibility when return fare would be admissible, in case of "rejected goods and onward sending the replacement goods" from dealers own depot .then the supplimentary invoice may take note of return goods in previous incident, but the case is applicable only if the price or rate of duty changes, otherwise there is no real impact of valuation with return fare.