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2018 (3) TMI 58 - AT - Central ExciseShort payment of duty - Whether for calculation of excise duty on the amounts of sales appearing on the credit side of the balance sheet/books of accounts, is to be adjusted with the amount of excise duty shown on the debit side for the calculation of liability of excise duty for the period of assessment under the Central Excise Act read with the Rules and whether duty of ₹ 12,85,084/- is short paid? Whether the appellant have short paid Excise Duty of ₹ 62,652/- during the period from 2000-01 and 2001-02? Held that: - the appellant have provided a plausible and correct conciliation as regards the amount of ₹ 12,85,084/- - it is evident from the reconciliation that the appellant have shown correctly the clearance value in their returns, as is evident from Annexure-B to the SCN, at ₹ 4,55,87,015/-. Whereas the clearance value as per the reconciliation is coming at ₹ 4,53,65,172/-. Thus, the appellant have shown correct value of clearance in their excise returns, which does not call for an adverse inference. There is no error and/or mistake has been pointed out in the calculation submitted by the appellant as per the invoice(s). Appeal allowed - decided in favor of appellant.
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