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2017 (8) TMI 1274 - AT - Central ExciseValuation - production of various counts of yarn, and cleared to sister units - Section 4 (1) (b) read with Central Excise (Valuation) Rules, 2000 - Time limitation - revenue neutrality - Held that: - the appellant was following the cost of production as certified by a Cost Accountant. The department arrives at a different value of cost of production. Thus, the value adopted by the appellant is not baseless and on this score also, no mens rea can be attributed to the appellant. Time limitation - Held that: - Against the audit objection raised, which was conducted in May, 2005, the appellant had replied with reasons / details. In spite of this, the SCN is seen issued in March 2007 on the very same ground invoking extended period alleging suppression of facts, which in our view, is not acceptable - there cannot be any intention to evade payment of duty. Appeal allowed - decided in favor of appellant.
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