Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (4) TMI 29 - AT - Central ExciseCentral Excise – Captive Consumption - Enhancement of Duty - Valuation - CAS 4 - inclusion of interest on loan - Appellant, pleaded that the impugned order of the Commissioner confirming the duty demand by including the interest on loans in cost of the castings is not sustainable for the reason that the same is not required to be included in the cost. That in this regard, reliance is placed on the judgment of the Tribunal in the case of Nirma Ltd. v. C.C.E. reported in [2005 (8) TMI 337 - CESTAT, MUMBAI] and of Hon’ble Supreme Court’s judgment in the of C.C.E., Pune v. Cadbury India Limited reported in [2006 (8) TMI 2 - SUPREME COURT OF INDIA]. Held that:- The impugned order confirming duty demand on the basis that costing of the product would also include the interest cost, even though it is not required to be included as per CAS-4, is not sustainable. The same is set aside. The appeal is allowed.
|