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2010 (8) TMI 797 - AT - Central ExciseValuation - the amortized value of moulds and dies supplied free of cost by the buyer is liable to be included in the assessable value of the final products manufactured by making use of such moulds and dies or not? - time limitation - Held that: - the appellant deliberately excluded the amortized cost of moulds (supplied free of cost by Telco) from the assessable value of the excisable goods supplied to Telco (buyer) - this conduct of the appellant was wilful with intent to evade payment of appropriate duty on the goods in question - the extended period cannot be resisted by the appellants on the premise that whatever duty paid by them would ultimately be available as Modvat/Cenvat credit to the buyer - the demand of duty for the period from 1997-98 to 31-1-99 is not hit by time-bar and that the demand of duty for the prior period is time-barred. The amount of interest on duty u/s 11AB and amount of penalty u/s 11AC require to be re-quantified by the original authority - appeal allowed by way of remand.
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