Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 514 - AT - Central ExciseValuation - Appellant collected the cost of the moulds and dyes from their customers and it was not included in the assessable value - Held that:- Commissioner (Appeals) observed that balance sheet for the year 2004-05 could not have been available on 25.07.2005 which was prepared in October/November after closure of financial year. We do not find any material on record that the Department had initiated any enquiry for getting the figures despite their knowledge of non-inclusion of the value in the finished goods. All the facts are within the knowledge of the Department, when first show cause notice was issued on 25.07.2004. So the demand of duty for extended period of limitation by show cause notice dt.18.09.2006 and 26.09.2006 cannot be sustained. However, the demand of duty for the normal period by Show Cause Notice dt.26.09.2006 is liable to be upheld. But it is required to examine the quantification of demand by the lower authorities as per earlier order dt.22.06.2011 of the Tribunal. - Impugned order is set aside - Decided in favour of assessee.
|