News Flash
  • One-Day GST Training on “TDS provisions of Registration, Returns and Payments” for officers of CBIC on 24th August, 2018 at NACIN, Faridabad Click here
  • Notifications issued specifying the due dates for filing of FORM GSTR-1 and FORM GSTR-3B for the period from July, 2018 to March, 2019.
  • “The MPRs for Revenue Report (DDM-GST-1) and Revenue trend of Top 25 Assessees (DDM-GST-4) have been hosted on DDM website. GST Commissionerates are required to upload the Revenue Report [CHALLAN REVENUE] and Revenue trend of Top 25 Assessees data from July, 2017 to July, 2018 at the earliest. The DDM-GST-1A MPR are no longer required to be uploaded and hence disabled.”
  • Two Days' Course on "Vigilance Matters" for Group 'A' Officers of CBIC from 23.08.2018 to 24.08.2018 at NACIN Faridabad under training programme. Click here
  • Tracer dated 07.08.18 issued in respect of 60(sixty) bottle seals not received by Customs Kolkata Click here
  • Status of filling of Withdrawal applications before various Appellate FORA as required vide DO letter dt. 11.07.2018. Click here
  • Notifications issued specifying the special procedure for completion of migration of taxpayers who received provisional IDs but could not complete the migration process; and for exempting payment under reverse charge until 30.09.2019.
  • LIMBS FAQs for field formations under CBIC Click here
  • Updated version of GST Concept and Status and PPT on GST - An Update as on 01/08/2018 have been uploaded
  • One Week Training Programme for Gr-A Officers of CBIC on "Greening of Offices" at iCED, Jaipur from 27th to 31st August, 2018 Click here
  • Details of Prospective Trainings by NACIN and its ZTIs & RTIs in August 2018 Click here
  • Two Days' Training Programme on " Export Promotion Scheme - Pre & Post GST Era" for Gr-A Officers of CBIC on 16th & 17th August, 2018 at NACIN, Faridabad Click here
  • Letter from Chairman, CBIC for submission of Two Swachhta projects for the F.Y. 2018-19. Click here
  • Draft new GST return design, principles and formats is published on https://www.mygov.in/group-issue/simplified-gst-return-principles-and-draft-return-formats/ for feedback and suggestions till 31.08.2018
  • Letter from the office of DGHRD to all the CCAs reg initiation of "Online Deputation Module" for Group 'A' officers Click here   URL Address   Flow Chart
  • Draft GST returns and formats will be placed on Mygov.in portal shortly. Stakeholders are requested to provide their feedback on the MyGov portal.
  • Placing of GST Returns and formats in public domain - Reg. Click here
  • Chairman CBIC's newsletter dated 27.07.2018 Click here
  • Report called for Applications filed for withdrawal of cases in terms of instruction F.390/Misc./ 116/2017-JC dated 11.7.2018 Click here
  • Refund disposal fortnight to handhold trade and industry in clearing pending GST refund claims from 16.7.2018 to 31.7.2018 Click here
  • Video on SWACHH BHARAT - A Pune Customs Initiative. Click here
  • Member (GST) letter to all Pr. Chief Commissioners/Chief Commissioners of GST Zones for collecting GST related issues for MSME. Click here
  • Details of Prospective Trainings by NACIN and its ZTIs & RTIs in August, 2018 Click here
  • Postponement of two (2) days Train the Trainers (ToT) Workshop on Green Customs on 20-21 August,2018 which was earlier scheduled on 23- 24 July, 2018 Click here
  • Letter from the office of DGHRD to all the CCAs regarding initiation of Online Monitoring of DPC Module for Group B and C .Click here
  • Decisions taken by the GST Council in its meeting held on 21.07.2018 regarding GST rates on services and New Returns format.For detailsClick here
  • Chairman CBIC's newsletter dated 21.07.2018.Click here
  • Special instructions to PAO regarding GST Refunds.Click here
  • Observation of Swachhta Pakhwada in the Department Of Revenue from 15/10/18 to 31/10/18.Click here
  • Grievance Redressal Officers (CBIC and State / UT Governments) for e-way bill system under rule 138D of Central/ State GST Rules, 2017.Click here
  • Refund disposal fortnight to handhold trade and industry in clearing pending GST refund claims from 16.7.2018 to 31.7.2018.Click here
  • Three Days’ Training Programme on ‘DIGITAL FORENSICS’ for Group-‘A’ Officers of CBIC From 16th August to 18th August, 2018 at Gujarat Forensic Sciences University, Gandhinagar.Click here
  • All India Workshop on “Entrepreneurship, Empathy and Change: How to generate value in team and every ecosystem"Click here
  • Asset Accounting issues and poor upkeep of centrally supplied IT equipment Click here
  • DO letter dated 11/07/2018-Regarding raising of monetary limits for filing appeals by the Department before CESTAT/ High Courts and Supreme Court in Legacy Central Excise and Service Tax Click here
  • Raising of monetary limits for filing appeals by the Department before CESTAT/ High Courts and Supreme Court in Legacy Central Excise and Service Tax Click here
  • Methodology adopted for ranking of Zones/ Directorates/ Commissionerates under Swachhata Action Plan 2017-18 Click here
  • Extension of suspension of provisions relating to TDS and TCS till 30.09.2018Click here
  • Details of Prospective Trainings By NACIN and its ZTIs & RTIs in July, 2018 Click here
View all

Section 37B ORDER No. 59/1/2003-CX

F.No.6/6/2003-CX.I
Government of India
Ministry of Finance & Company affairs
Department of Revenue
Central Board of Excise & Customs

3rd March, 2003.

37B ORDER No. 59/1/2003-CX

Subject:- Inclusion of freight and insurance charges in the assessable value.

            In exercise of the powers conferred under Section 37B of the Central Excise Act, 1944, Central Board of Excise and Customs considers it necessary, for the purpose of uniformity in connection with valuation of excisable goods to issue the following instructions.

2.         Attention is invited to CBEC"s Circular No.533/29/2000-Cx dated 24.5.2000 regarding Central Excise Valuation - amended definition of "place of removal" decision of CEGAT.

3.         The said Circular had been issued with reference to CEGAT"s Order No.1222/99A dated 24.08.99 in case of M/s.Escorts JCB Limited vs. CCE, New Delhi. The said judgment of Tribunal was appealed against (CA No.7230/1999) by the assessee before the Hon"ble Supreme Court. Supreme Court have, vide its Order in Civil Appeal No.7230 of 1999 and C.A.No.1163 of 2000 reported in 2002(146)ELT31(SC) decided the issue on 24.10.2002 setting aside the order of Tribunal.

4.         While giving the judgment the Hon"ble bench of Supreme Court have observed (in para 13 of the said judgment) that

"in view of the discussions held above in our view the Commissioner of Central Excise and CEGAT erred in drawing an inference that the ownership in the property continued to be retained by the assessee till it was delivered to the buyer for the reason that the assessee had arranged for the transport and transit insurance. Such a conclusion is not sustainable".

        In this judgement Hon"ble Supreme Court also quoted section 39 of "Sales of Goods Act, 1930" and held that the machinery, handed over to the carrier/ transporter is as good as delivery to the buyer in term of section 39 of the Sales of Goods Act, apart from terms and conditions of sale .

5.         Similarly in Civil Appeal No.4808-4809 of 2000 with C.A.No.1858-1859 of 2001, 7898 of 2001 and 4221 of 2002 against the order of Tribunal in case of Prabhat Zarda Factory Limited Vs. Commissioner of Central Excise reported vide 2000(119)ELT191(T-LB), the Hon"ble Supreme Court have in their order reported vide 2002(146)ELT497(SC) held, on 14.11.2002, that :

"In these matters, the question is whether freight and insurance charges are to be included in the assessable value for the purposes of excise. This question is covered by the judgment of this Court in the case of Escort JCB Ltd. vs. Commissioner of Central Excise, Delhi 2002 (146)ELT31(SC). The only difference which has been pointed out is that in the case of Escorts case (Supra) the sale was at the factory gate whereas in this case the sale was from the depot. Learned Counsel for the appellants admit that the freight and insurance charges upto the Depot would be includible in the assessable value for the purposes of excise. However, the sale being at the Depot, the freight and insurance for delivery to the customers from the Depot would not be so includible as per the said judgment."

6.         The Central Board of Excise and Customs have in consultation with Additional Solicitor General, decided not to file review petition against the said Supreme Court judgements.

7.         "Assessable value" is to be determined at the "place of removal". Prior to 1.7.2000, "place of removal" [section 4 (4)(b)-sub clauses (i), (ii) and (iii)], was the factory gate, warehouse or the depot or any other premises from where the goods were to be sold. Though the definition of "place of removal" was amended with effect from 1.7.2000, the point of determination of the assessable value under section 4 remained substantially the same. Section 4 (3)(c)(i)[as on 1.7.2000] was identical to the earlier provision contained in section 4(4)(b)(i), section 4 (3)(c)(ii) was identical to the earlier provision in section 4(4)(b)(ii) and rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, took care of the situation covered by the earlier section 4(4)(b)(iii). In the Finance Bill, 2003 (clause 128), the definition "place of removal" is proposed to be restored, through amendment of section 4 to the position as it existed just prior to 1.7.2000.

8.         Thus, it would be essential in each case of removal of excisable goods to determine the point of "sale". As per the above two Apex Court decisions this will depend on the terms (or conditions of contract) of the sale. The 'insurance' of the goods during transit will, however, not be the sole consideration to decide the ownership or the point of sale of the goods.

9.         Based on the above clarifications, pending cases may be disposed off. Past instructions, circulars and orders of the Board on the issue may be considered as suitably modified.

10.         Suitable Trade Notice may be issued for the information and guidance of the trade.

11.         Receipt of this Order may please be acknowledged.

12.         Hindi version will follow.

Suraksha Katiyar
Under Secretary to the Govt. of India.