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2018 (4) TMI 469 - AT - Central ExciseValuation - machineries and cylinder blocks - inclusion of various costs like amortisation charges, sales tax, freight charges for transportation of castings, cost of free items supplied by M&M and value of supplementary invoices of raw materials - Held that: - the adjudicating authority has clearly recorded that LML received some amount in cash for the value suppressed by them on CNC machines and has correctly included the value thereof for payment of the amounts on CNC machines. As regards the deductions claimed by the said LML Ltd from the demands raised in the show cause notice, the adjudicating authority has also given detailed reasonings as to why he is convinced that the demands needs to be re-determined after coming deductions claimed by LML and also ascertaining himself about the correctness of the claim. Time Limitation - Held that: - it is an accepted fact that there was under valuation of CNC machines and cylinder blocks by not including various costs, which stands confirmed against LML - the extended period has been correctly invoked. Penalty u/r 25 and 26 - Held that: - penalty u/r 26 cannot be imposed without bringing on record any evidence indicating that M&M had any role attributable for under valuation by LML - when the penalty is not imposable under rule 26 itself, the question of imposing penalty on M&M under rule 25 does not arise. Appeal dismissed - decided against Revenue.
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