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2011 (4) TMI 718 - CESTAT, AHMEDABADUndervaluation - Rule 6(b)(ii) of Central Excise Valuation Rules, 1975 - Valuation on the basis of comparable goods - circular No.692/08/2003-CX, dt.13.2.03, - held that:- if the price is to be arrived at on the basis of the cost of production, the overheads pertaining to non-production activities are not required to be taken into consideration in terms of Board s circular and the price arrived at by them by excluding the overhead expenses and the interest element, would be more or less the same price on which they have discharged their duty liability. - the Commissioner has taken into account the cost of the yarn of same count being manufactured by M/s Soma Textiles. Reference by Revenue to the various technical parameters is only an expression of doubt inasmuch as it stands pleaded that warping of the yarn may differ. - valaution on the basis of comparable accepted - decided in favour of assessee. Extended period of limitation - Held that: the activity of dyeing and sizing being the same, the extension of benefit of limitation in respect of own manufactured yarn and non-extension of same benefit of limitation in respect of bought out yarn was not justified in the earlier proceedings, inasmuch as the same facts and circumstances imparting knowledge to the Revenue, were available - Decided in favour of the assessee
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