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2019 (5) TMI 1284 - AT - Central ExciseValuation - clearances to sister units - cost of production arrived by taking 16.96% of the material cost as shown in the invoices for the goods cleared - Rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - HELD THAT:- The demand of duty is calculated on the basis of cost of production arrived after taking 16.96% of the value of goods cleared as the material cost. There is no provision in the Valuation Rules to arrive at such valuation of materials on such basis. Assessee has not produced CAS-4 certificate. It is the bounden duty of the department to appoint a Cost Accountant and obtain a CAS-4 certificate. The valuation has then to be done on the basis of CAS-4 certificate. Time limitation - revenue neutrality - HELD THAT:- The entire issue is revenue neutral. The appellant would be eligible for credit for the duty paid on the goods i.e., cleared to their sister Units. The Tribunal in the case of COMMISSIONER OF CENTRAL EXCISE, PUDUCHERRY VERSUS M/S. ANGLO FRENCH TEXTILES [2018 (8) TMI 896 - SC ORDER] had decided that in the case of revenue neutral situation, the demand cannot sustain. The duty demand is not based on provisions of law, and the demand cannot sustain - appeal allowed - decided in favor of appellant.
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