9911796707
TMI Blog2013 (11) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... ER Per DR.D.M. MISRA; This is an application filed seeking waiver of pre deposit of duty of Rs.15,41,790/- and equal amount of penalty imposed under Section 11AC of CEA, 1944. 2. At the outset, the Ld. Company Secretary Shri Rajesh Mittal appearing for the applicant has submitted that their authorized representative Mr. Dinesh Jha is in disposed. He has been authorized by the appellant M/s. Ape ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Audit whereby, the assessable value for the respective years, had been revised and a demand of Rs.2,23,26,120/- was issued to them. He has further submitted that later the Department has referred the matter to the Assistant Director (Cost) who has determined the assessable value for the respective year by adopting CAS-4 method and taking into consideration the cost of various overheads arrived at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not explain as to why the excess duty paid for the year 2006-07, 2008-09, 2009-10 where the assessable value determined by the Department, is lower be not considered, while arriving at the total duty liability of the applicant for the entire period. 4. Heard both sides and perused the records. We find that the present issue relates to determination of assessable value on semi-finished Excavators, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-2010, the applicant has paid duty on the excess value of Rs.3.13 crores, 2.3 crores and 3.03 crores respectively. Prima facie, at this stage we do not see any reason why the excess duty paid during 2006-07, 2008-09 & 2009-10 should not be adjusted for the period where duty has been short paid. In our view, the applicant could able to make out a prima facie case for total waiver of dues adjudged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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