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2019 (7) TMI 1004 - AT - Central ExciseValuation - inclusion of storage charges in assessable value - post manufacturing activity or not - time limitation - HELD THAT:- The issue is covered by this Tribunal Larger Bench Judgment in the case of Victory Electricals Ltd. [2013 (12) TMI 81 - CESTAT CHENNAI] where it was held that The value payable in a case where liquidated damages is applied would therefore be the consequent value and this would constitute the "transaction value". Time limitation - HELD THAT:- Since the issue involved is interpretation of Section 4, therefore, there were various contrary decisions and for this reason also the matter was referred to Larger bench and finally in 2013, the Larger Bench has decided the issue and in the present case, the period involved is November 2004 to December 2005 and SCN was issued in June 2009. In these facts, suppression of fact on the part of the appellant cannot be alleged. Hence the demand of duty of storage charges is hit by limitation. Appeal allowed in part.
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