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2018 (2) TMI 64 - AT - Central ExciseValuation - inclusion of amount shown in certain debit notes raised by the respondent after the supply of excisable goods - Held that: - there is no evidence of realization of amount towards debit notes. We find that the said reason cannot be validly held against levy of excise duty. Excise duty is on goods manufactured and cleared and is not upon realization of sale proceeds - Commissioner records that these debit notes were in fact fictitious in nature and were issued only to show higher turnover, for some other purposes. When the debit notes themselves were held to be fictitious, we find no valid excise duty can be charged on such documents. Appeal dismissed - decided against Revenue.
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