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2013 (9) TMI 497 - AT - Central ExciseWaiver of pre deposit of penalty - method of valuation - cost plus - Held that - Commissioner had dealt with the contention of application at length - the contention of the revenue that the Commissioner had given discrete findings in respect of each and every CAS-4 filed by the applicant they had also dropped the demand out of total demand in the case - the CAS-4 Certificates of the assesses were faulty which contain gross irregularities - certificate cannot be used as instrument in determination of cost of production whereas it was required to be determined for arriving at the assessable value of the goods assesse had submitted the Balance Sheets Profit & Loss Accounts but they had not submitted Unit Trial Balance of the relevant period - applicants were not able to make out a prima facie case of total waiver of duty imposed on them The balance of convenience was in favour of the Revenue in the case - The applicant was directed to make pre deposit of 25% of duty Decided partly in favor of assesse.
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