Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 889 - AT - Central ExciseWaiver of pre deposit - Determination of assessable value - Revenue contends that assessable value of gear box ought to be determined under Sec. 4(1)(b) of CEA,1944 read with Rule 10 (a) and with Rule 8 of the Central Excise Valuation Rules, 2000 - Held that:- Appellant has placed the opinion of M/s. Mani & Co., the Cost Accountant, in their support. It is also contended that on reference of the said opinion to A.D. (Cost), by the Department, more or less the said opinion was accepted. Countering the argument of the Revenue, the Ld. advocate for the applicant categorically submits that they have not incurred any packing cost in transferring the finished goods from the applicant company to the holding company. Needless to emphasize, the includibility or otherwise of these elements of cost also rests on appreciation of evidences. In these premises, all these aspects need to be scrutinized in detail which would be possible at the time of disposal of the appeal. At this stage, in our view, the applicant could able to make out a prima facie case for waiver of pre-deposit of dues adjudged. Accordingly, all dues adjudged is waived and its recovery stayed during the pendency of the appeal. - Stay granted.
|