TMI Blog2014 (4) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... ative overheads from 12.58% to 15.98% during the period from 19.10.2007 to 31.3.2008. Hence the differential duty was demanded. - Penalty of equal amount along with interest - Held that:- prima facie it appears that the applicants are liable to pay duty on the overhead charges and they had not disclosed to the Department - Conditional stay granted. - E/173/12 - MISC. ORDER NO. 40182/2013-40183/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e into account the increase in administrative overheads from 12.58% to 15.98% during the period from 19.10.2007 to 31.3.2008. Hence the differential duty was demanded. 3. Learned advocate on behalf of the applicant submits that during the financial year 2007-08 for the first 6 months, they paid the duty adopting the overhead of 16.35% as per the latest finalized balance sheet. He also submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des, we find that prima facie it appears that the applicants are liable to pay duty on the overhead charges and they had not disclosed to the Department. The issue of revenue-neutrality would be looked into at the time of appeal hearing. In the facts and circumstances, we direct the applicant to predeposit a sum of Rs.10,00,000/- (Rupees Ten lakhs only) within 6 weeks. Upon such deposit, the prede ..... X X X X Extracts X X X X X X X X Extracts X X X X
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