TMI Blog2010 (7) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at every occasion of supply of such barrels to the assessee - Only proportionate cost will have to be included in the transaction value for each consignment of liquid glucose - Prima facie case has been made out for waiver of the amount demanded - The liability to be calculated by applying the principle of amortised cost - The appellant shall be liable to deposit an amount of Rs. 2,75,000/- out of the total amount demanded - E/899/2009 - S/13/2011-WZB/C-II(EB) - Dated:- 28-7-2010 - Justice R.M.S. Khandeparkar, Shri P. Karthikeyan, JJ. REPRESENTED BY : Shri M.A. Nyalkalkar, Advocate, for the Appellant. Shri Manish Mohan, SDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. - Heard learned adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d even assuming that the cost of barrels supplied free-of-cost by the buyers to the appellant is to be included in the transaction value, the same has to be ascertained on the basis of amortised cost which the authorities below failed to consider. Reliance is sought to be placed in the decision of the Tribunal in the matter of TCP Ltd. v. CCE, Madurai - 2008 (84) RLT 119 (CESTAT-Che.) = 2008 (227) E.L.T. 109 (Tribunal). 3. The learned DR on the other hand submitted that considering Notification No. 313/77-C.E., dated 8-11-1977 no fault can be found with the impugned order passed by the lower authorities. He further submit that considering the provision of Rule 6 of the said Rules the duty liability confirmed by the authorities below has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uid glucose sold to the customers by the appellant and one has to work out the per-consignment proportionate cost of such barrels and only that proportionate cost will have to be included in the transaction value for each consignment of liquid glucose, to justify the demand of differential duty of such consignment. Needless to say, that these findings are prima facie findings for the purpose of deciding the application for stay. 6. The decision which is sought to be relied upon by the appellant in the matter of TCIP Ltd. v. Commissioner (supra) did not involve an issue which is sought to be raised in the matter, namely, applicability of amortised cost. 7. Being so, and for the reasons stated above, prima facie case has been made out for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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