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2016 (3) TMI 128 - AT - Central ExciseAssessable value - Mastering Charges not included in the assessable value for payment of excise duty on holograms - Held that:- Regarding the appellant’s contention that there could be no amortization of these charges in view of the indefinite life span of the master is not directly relevant as the appellant themselves are admitting that these “master charges” are collected for producing specific holograms for their clients and the masters are returned to the clients once the required supplies are made. When the appellant receive these charges as additional consideration for holograms, they are liable for inclusion in the assessable value. As such, we find that the appellant’s plea on these grounds is un-sustainable. Extended period of limitation - Demand being time bar - Held that:- When an investigation is conducted regarding duty liability of the appellant after resuming all the relevant records, it cannot be argued later that the intention behind the investigation was limited to a specific issue and the other aspects like valuation, etc. were not examined. It is a fact that at least some of the documents relevant to the present demand were available with the Department in March, 2000 itself and hence, we find that the demand for extended period invoking suppression, fraud, collusion, etc. is not sustainable in this case. Accordingly, we restrict the demand to the normal period holding that the demand for extended period is not sustainable.
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