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2016 (3) TMI 481 - AT - Central ExciseDifferential duty demand - demand arose on account of the fact that the appellant cleared the goods from its depot at a price higher than the price at which the duty was paid at the time of clearance from the factory - Held that:- We find that the SCN clearly brings out the difference in prices between the goods sold from the depot and the value shows in the invoices at the time of the paying duty in the factory. We find that the value determined as per the chart enclosed with the SCN (in terms of which the differential duty has been worked out) is in conformity with the provisions of Rule 7 of the Central Excise Valuation Rules. The provisions of the said Rules 5 & 7 are so unambiguous that there was no scope for the appellant to entertain any reasonable belief regarding the value at which the duty was payable. A reasonable belief is the belief of a reasonable person operating in an appropriate environment. It is not a hallucinatory belief. Therefore, we are not persuaded that the appellant had a reasonable belief in this regard. - Decided against assessee
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