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Cce, Chennai vs M/S. Siggil India Ltd on 1 July, 2009

2. We have heard both sides. The plea of the Revenue that deduction of equalized freight is not admissible as per Rule 5 of the CVR 2000 is not tenable since it has been held by the Tribunal in the case of CCE Vs. Laxmi Engineering  2005 (179) ELT 342 that Rule 5 nowhere provides that deduction of freight is available only if it is charged on actual basis. The Revenues appeal holding that deduction was permissible was dismissed by the Tribunal. Following the ratio of the decision cited supra we hold that there is no legal infirmity in the impugned order and accordingly uphold the same and reject the appeal.
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