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2018 (1) TMI 251 - CESTAT MUMBAIValuation - electric poles - price variation clause - value of clearances exceeding ₹ 30 lakhs - Held that: - It is seen that the electric poles found in the factory of the appellants were found to be tallying with the internal records. In these circumstances, seizure and confiscation of the same cannot be justified especially because appellants had applied for registration prior to the said date - confiscation and redemption fine set aside. Penalty u/r 173Q - Held that: - penalty under Rule 173Q for the period upto 28.09.1996 is set aside - penalty equivalent to the amount evaded from 28.09.1996 onwards is upheld under Section 11AC - the option to pay 25% duty is hereby extended to the appellants, subject to the conditions of the section. Appeal allowed in part.
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