Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1722 - AT - Central ExciseMethod of Valuation - appellant had supplied paint and also has undertaken the painting contract - to be valued under the provisions of Rule 8 of Central Excise Valuation Rules or following Rule 11 of the Valuation rules? - Held that:- Identical issue decided in the case of M/S COROMANDEL PAINTS LTD. VERSUS CCE & CC, VISAKHAPATNAM [2016 (6) TMI 1018 - CESTAT HYDERABAD], where it was held that since the application of paint contains labour costs, the assessable value is to be determined under Rule 11 only after deduction of the value of labour component from the total value for supply and apply. Penalty - Held that:- The period involved in these appeals in question is prior to the date when the order was passed by the Tribunal and appellant would have had a bonafide belief in continuing to discharge of central excise duty based upon understanding of Rule 8 of Central Excise Valuation Rules - penalty set aside. Appeal allowed in part.
|