Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1470 - AT - Central ExciseValuation - increase in the administrative overheads from 12.58% to 15.98% - clearance made to sister unit - revenue neutral situation - Held that:- Undisputedly, the clearances are made to their own sister units and even if the differential duty is paid by the appellants, the assessee units would be able to take cenvat credit of the same. On these grounds, it can be seen that there is no loss to the Government and no gain to the appellant which discloses revenue-neutral situation. The Hon’ble jurisdictional High Court in the case of CCE Chennai Vs Tenneco RC India Pvt. Ltd. [2015 (7) TMI 342 - MADRAS HIGH COURT] had considered a similar issue and observed that entire exercise is revenue-neutral, the appellant could not have achieved any purpose to evade duty and held the issue in favour of the assessee. Appeal allowed - decided in favor of appellant.
|