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2012 (5) TMI 34 - AT - Central ExciseApplication for stay - Waiver of pre-deposit - Time limitation - It was found that the applicants manufactured the goods as per the drawings and designs supplied by their customers free of cost and the applicants have not included the money value of drawings and designs supplied by their customers free of cost in the assessable value of the goods cleared by them to their customers - Held that: in the case of International Auto Ltd. Vs. Commissioner of Central Excise, Bihar reported in (2005 (3) TMI 132 - SUPREME COURT OF INDIA), the Hon'ble Apex Court has held that the assessee is not liable to pay duty on the inputs supplied by the final product manufacture, since it had not taken credit for Modvat in respect of inputs - the issue is debatable and the applicants have paid the duty demand along with interest for the normal period of limitation and the same is sufficient for compliance of the provisions of Section 35F.
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