TMI Blog2009 (1) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... time from March 2001 to April 2004. He also imposed equal amount of penalty on the appellants under Section 114A of the Customs Act. Besides these, penalties were also imposed on the assessee under Section 112 of the Act. The present application seeks waiver of pre-deposit and stay of recovery in respect of these dues as adjudged in the impugned order. It is not in dispute that the aforesaid goods were specified under Section 4A of the Central Excise Act for the purpose of MRP-based valuation during the material period. Both in respect of vitrified tiles and glazed tiles, the assessment was done on the basis of retail sale price (RSP) declared by them in the relevant bills of entry. The value declared was on per square metre basis. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ariff Act. It was found by the Commissioner that the assessee was amenable to the first in first out method of determination of value inasmuch as no correlation was offered between the goods covered by a given bill of entry and the goods sold after clearance. Mis-declaration of value was also found against the assessee and, on this basis, the invocation of extended period of limitation was justified in the impugned order. 2. We have heard learned counsel for the assessee and learned JCDR for the Revenue at length. At the outset, it was argued by the learned counsel that the goods coming within the ambit of Section 3(2) of the Customs Tariff Act would not necessarily be assessable under Section 4A of the Central Excise Act. It is his sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods. The learned counsel, however, has chosen to make a rider to those statements by submitting that the method when adopted in respect of a given bill of entry in chronological order of the domestic sales of the goods should also have regard to the quality/grade of the tiles. We have not found such an explanation in the statement of the company s functionaries. The learned counsel has also volunteered to state that, if an opportunity is given, the assessee can offer correlation bill of entry-wise. 3. After giving due consideration to the submissions, we are not in a position to remand the case at this stage, a purpose which is hidden behind the last submission of the learned counsel. We have come across a great deal of debate on a few ..... X X X X Extracts X X X X X X X X Extracts X X X X
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