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2018 (3) TMI 1537 - CESTAT KOLKATAValuation - transfer from one unit to another - Department has taken the stand that valuation as per CAS-4 Standards cannot be adopted for earlier period - Held that: - the Apex Court in the case of Cadbury s [2006 (8) TMI 2 - SUPREME COURT OF INDIA] has held that such principles can be adopted even for the earlier period - valuation determined on the basis of CAS-4 standards, adopted by the appellant for payment of duty for this period, is in order and demand made in the impugned order for differential duty cannot be sustained and is set aside - demand set aside. Valuation - margin of profit - impugned order holds that the profit margin is required to be adopted - Held that: - reliance placed in the case of CCE, AURANGABAD Versus RAYMONDS LTD. [2006 (10) TMI 7 - SUPREME COURT OF INDIA], where it was held that Cost of production will have to be determined based on the actual cost of production at the factory of production alone and not the cost of production of textile units - demand upheld. Appeal allowed in part.
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