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2014 (2) TMI 969 - AT - Central ExciseValuation - determination of cost of prodcution - Incorrect CAS-4 figures - Held that:- Adjudication order that the applicant withdrew their application seeking provisional assessment and assured that after finalization of annual accounts they will produce details of cost construction. It is also seen from the adjudication order that the applicant had not furnished the documents as assured by them. We also notice that Deputy Director (Cost) opined that Cost/Unit shown against Sl.No.20 with particulars "cost of production of goods disposed” should be taken for determination of cost of production for levy of duty in terms of Rule 8 of the “Valuation Rules”. We find that the duty was demanded on the basis of the opinion given by the Deputy Director (Cost), who is also an authority on this issue. In view of that, the applicant failed to make out a prima facie case for waiver of pre-deposit of the entire amount of tax - Conditional stay granted.
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