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2023 (12) TMI 118 - CESTAT KOLKATAValuation - cost + 15% for arriving at the assessable value - inclusion of certain elements of cost in the computation of the total cost or not - revenue neutrality - Show Cause Notice for the period April 2000 to March 2001 was issued on 29.07.2005 - time limitation - HELD THAT:- The issue is squarely covered by the decisions of this Tribunal in M/S. JAI BALAJI INDUSTRIES LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE, BOLPUR [2023 (6) TMI 1102 - CESTAT KOLKATA] and M/S. HINDALCO INDUSTRIES LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE, BHUBANESWAR-II [2023 (5) TMI 720 - CESTAT KOLKATA], wherein it has been held that when the duty paid by the parent unit is eligible as Cenvat Credit to the receiving unit, the entire proceeding becomes revenue neutral. There are also force in the Appellant’s submissions that the Department has issued the Show Cause Notice in a belated way though all the details were available with the Department in view of their Monthly Returns being filed. Since the issue is that of revenue neutrality, in such a case, it has been held that the question of suppression would not arise. Tforce in the Appellant’s submissions that the Department has issued the Show Cause Notice in a belated way though all the details were available with the Department in view of their Monthly Returns being filed. Since the issue is that of revenue neutrality, in such a case, it has been held that the question of suppression would not arise. The appeals allowed both on merits as well as on limitation.
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