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2014 (12) TMI 829 - CESTAT KOLKATAValuation of goods - Cancellation of contract - Receipt of compensation/damages from M/s WBPDCL, which the Department proposed to include in the assessable value of the goods lying in the factory, considering the same as additional consideration, under Rule 6 of the Central Excise Valuation Rules, 2000 - Held that:- Contract for supply of goods, viz, boiler and boiler parts had been cancelled by M/s WBPDCL. As a result, the Applicant had cleared the finished goods, work in progress goods and raw material from the factory after determining its cost/value in accordance with the provision of Central Excise Valuation Rules,2000. - The arguments advanced from both sides, needs to be analysized in detail on the basis of evidences brought on record including the plea whether the demand is barred by limitation. At this stage, it would be difficult to ascertain, whether the amount received by the Applicant is purely on account of liquidated damages or compensation for various losses incurred in relating to the goods on cancellation of contract ; consequently, its includibility as additional consideration in the value of goods cleared. Prima-facie, keeping in view that the matter has been remanded by the Honble High Court for re-consideration, the offer made by the ld.Advocate for the Applicant at this stage, seems to be reasonable. Accordingly, we direct the Applicant to deposit 10% of the duty confirmed within a period of eight weeks - Partial stay granted.
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