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2014 (12) TMI 152 - AT - Central ExciseWaiver of pre deposit - Valuation of goods - Method of valuation - whether the cost of production in CAS-4 format is to be determined on annual basis when all the data for this format is available or it could be determined for month to month basis - Held that:- The appellant during a particular financial year, instead of determining the cost of production for the entire year in CAS-4 format, have determined the same from time to time as and when the cost of the raw materials changed. The information regarding duty payment during each month during the period of dispute, placed on record by the appellant clearly shows that if the cost of production is determined in CAS-4 format on annual basis, as sought by the Department and 110% of such cost of production is adopted, the assessable value, while during certain months there would be excess payment of duty, during other months there would be short payment of duty. It is also seen that if the excess duty paid is adjusted against the short payment there is net excess duty payment. Excess payment during certain months has to be adjusted against short payment during other months. In view of this, we hold that the appellant have strong prima facie case in their favour - Following decision of CCE, Panchkula v. Yamuna Gases & Chemicals Ltd. [2011 (7) TMI 984 - CESTAT, NEW DELHI] - Stay granted.
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