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2018 (10) TMI 960 - AT - Central ExciseMRP Based valuation - appellant was affixing MRP on the cartons on the goods sold by them but it was paying duty under Section 4 of the Central Excise Act, 1944 - extended period of limitation - Held that:- The assessable value has been arrived as per formula i.e. Price List + 35% value addition, whereas, in terms of Section 4(A) of the Act, the assesseable value is to be arrived by adding 35% to the cost of the product. As MRP was not available during the course of investigation, therefore, the matter needs examination at the end of the adjudicating authority to arrive the correct assessable value. Extended period of limitation - Held that:- As Revenue has not challenged the impugned order, therefore, the extended period of limitation is not invokable. Appeal allowed by way of remand.
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