Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 378 - AT - Central ExciseValuation - re-determination of assessable value - consolidated sales consideration for the body built on the chassis which included the cost of raw materials procured by the appellants; body building costs and the profit margin - Section 4(1)(b) read with Rule 6 of the Central Excise Valuation Rules, 2000 - Held that:- In the instant case, the appellants have submitted that whereas the Department only excluded the element of excise duty from the assessable value, for quantification of demand, appellants submit that the transaction value of M/s. TML is to be adopted after deducting in addition to the excise duty Sales Tax/VAT paid by M/s. TML and CST paid by the appellants. The point raised by the appellants is valid for arriving at the duty liability. The matter needs to go back to the Original Authority - penalties are set aside - appeals are allowed by way of remand with a direction to the Original Authority to quantify the duty considering the reasonable & applicable deductions on account of Excise Duty/VAT/CST etc. paid by M/s. TML and by the appellants.
|