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2017 (1) TMI 491 - AT - Central ExciseValuation - Rule 6(b)(i) of the Central Excise (Valuation) Rules, 1975 or Rule 6(b)(ii) - price is not the sole consideration - allocation of expenses and inclusion of notional profit margin of 10% - processing of grey fabric - Held that: - during the relevant period, there was no statutory requirement or Board s guidelines regarding submission of CAS-4 Certificate. The standards were incorporated through the Circular dated 13.02.2003 of the Board for future guidelines. in the appellants own case for the subsequent period [2016 (6) TMI 716 - CESTAT NEW DELHI], identical issue came up before this Tribunal where The Original Authority held that the costing should have done only on actuals. However, while arriving at the figures for purported undervaluation the Revenue relied on Profit & Loss Account and Balance Sheet of second Respondent for cost of grey fabrics. Further, addition to the cost thus arrived was made towards freight, tax, insurance, commission, etc. again based on the said Balance Sheet. We find such exercise to arrive at assessable value for the impugned period is without any legal basis and arbitrary - valuation adopted and relied upon M/s. SKL is correct and in terms of law. Further, the issue which has attained finality in remand proceedings, cannot be reopened. Appeal partly allowed - partly decided in favor of appellant.
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