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2018 (10) TMI 818 - CESTAT NEW DELHIValuation - inclusion of bought out items which were directly used at the site in assessable value - SSI Exemption availed - Held that:- The Appellants are entitled to deduction of the bought out items and accordingly liable to pay duty on the reduced turnover of ₹ 73,69,638/- on which they have paid duty of ₹ 7,59,073/-. Accordingly, there is no duty implication on this score. Penalty u/s 11AC - Held that:- The Appellants have regularly informed the Department about its transaction and their intention to avail the exemption. For the transaction, it appears that if the Revenue was not clear about availability or non-availability of the exemption and the fact that Appellants were running from pillar to post for clarification, we hold that there is no malafide on the part of the Appellants - penalty set aside. Appeal allowed in part.
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