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2013 (11) TMI 234 - CESTAT KOLKATADetermination of assessable value – adjustment of excess duty paid with short payment of duty in case of stock transfer - Waiver of Pre-deposit – Held that:- The applicant has determined the assessable value on stock transferred goods under Rule 8 of Central Excise Valuation Rules by adopting 110% of the cost of the product - the applicant has adopted the CAS-4 method - For the year 2005-2006 and 2007-2008, the difference in the assessable value was around 57.39 Lakhs and 36.71 Lakhs respectively in comparison to the value arrived at by the applicant, whereas for the years 2006-2007, 2008-2009 and 2009-2010, the applicant has paid duty on the excess value of Rs.3.13 crores, 2.3 crores and 3.03 crores respectively - Prima facie, there is no reason why the excess duty paid during 2006-07, 2008-09 & 2009-10 should not be adjusted for the period where duty has been short paid - the applicant could able to make out a prima facie case for total waiver of dues adjudged and accordingly all dues waived and its recovery stayed during the pendency of the appeal – Stay granted.
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