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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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