Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (2) TMI 594 - AT - Central ExciseValuation of the goods under Sec. 4A - assessable value calculated as per Notification No. 2/05 dated 7.1.2005 - assessee contested against invoking extended period of limitation - Held that:- As per Notification 2/05 abatement of 35% is to be taken on the retail sale price of the goods and there is no provision under this Notification that the abatement is to be taken from the retail sale price excluding duty. As find in the Table given in the Enclosures to assessee's letter dated 10.1.2005 addressed to the Asstt. Commissioner of Central Excise in which they have specifically mentioned that the manner of determination of assessable value they have shown the MRP of the product but there is no column showing the assessable value after deducting abatement from the MRP. In the absence of which there is no assessable value shown of the products manufactured by them in the table though on the top of the table it is shown assessable value calculated on the retail sale price as per Notification No. 2/05. Therefore, non-mentioning of correct assessable value as per Notification No.2/05 is clearly a willful mis-statement by the appellants and the extended period under Sec. 11A is clearly invokable in this case - interest and penalty rightly been imposed on the appellants - against assessee.
|