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2015 (11) TMI 1099 - AT - Central ExciseValuation - inclusion of amortized cost of moulds - inclusion of interest element to the assessable value - inclusion of insurance, clearing and forwarding and transportation cost - Held that:- so far as allegation of non inclusion of insurance, clearing and forwarding and transportation cost is concerned, the adjudication proceeding was finally heard on 22.12.2004. Thereafter on 15.6.2005, report of chartered accountant was obtained by the Commissioner contending that CVD and C&F, transportation from port to buyer s premises had not been included in the cost of moulds and dies. Non inclusion thereof gave rise to demand of ₹ 37,466/-. It is difficult to agree with the learned adjudicating authority on such demand since report from Chartered Accountant was obtained after hearing was concluded and not confronted to the appellant for rebuttal. - Law being well settled there should be inclusion of amortized cost. No doubt appellant has waited for larger bench decision but that does not alter the law. Therefore demand of ₹ 5,39,775/- is confirmed. - adjudication has travelled and time has also been crossed due to difference in the decisions of the Tribunal, there shall not be levy of penalty on the appellant in respect of duty demand of ₹ 5,39,775/-. Upon re-adjudication, penalty if any leviable against demand of ₹ 11,88,368/- shall be considered by the ld.Adjudicating Authority. - Decided partly in favour of assessee.
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