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2013 (11) TMI 27 - CESTAT BANGALOREValuation - Misdeclaration of Facts - Differential Duty - Extended period of limitation - Revenue was of the view that the value of “Design and Engineering Work” was not included in the assessable value of “Mounted Storage Vessels” manufactured and cleared by the appellant – Held that:- There was no need for the appellant to suppress or mis-declare of any facts as the appellant could have taken CENVAT credit which was more than the duty payable as worked out by the department - it cannot be said that the appellant has committed suppression or mis-declaration, fraud, collusion, etc. to evade payment of duty - by not availing the CENVAT credit, the revenue realisation is nearly more than ₹ 10 lakhs extra - the entire demand is time-barred – the order set aside – Decided in favour of Assessee.
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