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2018 (9) TMI 163 - AT - Central ExciseValuation - sale of goods through Depot - case of the department is that the value which was charged to the customer for sale of goods from depot shall be taken as transaction value - Held that:- Since the Ld. Counsel does not press on the issue of cum duty price, the demand of differential duty upheld by the Ld. Commissioner (Appeals) is upheld. Penalty u/s 11AC - benefit of reduced penalty - Held that:- The board in the CBEC Circular No. 208/07/2008-CE-6 dated 22.05.2008 directed the adjudicating authority that it is necessary to give option in writing in the order in original, as regard reduced penalty of 25% in terms of proviso of Section 11AC - penalty reduced to 25% under Section 11AC subject to payment of differential duty, interest and 25% penalty within a period of 30 days from receipt of this order. Penalty u/r 26 on director Sh. K.K. Choudhary - Held that:- The director Sh. K.K. Choudhary could not have been implicated as the issue involved is interpretation of valuation provision - Penalty set aside. Appeal allowed in part.
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