TMI Blog2011 (9) TMI 860X X X X Extracts X X X X X X X X Extracts X X X X ..... per annum. As such, the same assessable value is required to be adopted at the time of clearance of the goods. Compensation given to the buyers in respect of the goods damaged subsequent to the clearance cannot result in lowering the assessable value. We also note that the appellant’s buyers are the ultimate consumers of the goods and no Modvat credit is being availed by them - whatever duty paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4,891/-. Penalties identical to the duty amounts stand imposed on the applicants. 2. As per facts on records, the applicants are engaged in the manufacture of aluminium panel sheets, falling under Chapter 76 in their factory located in the area of Jammu, falling under area base exemption Notification No. 56/2002-C.E., dated 14-11-2002, which allows them to claim refund of duty paid on their fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the lower authorities who have accordingly confirmed the demand and imposed penalties. 4. After hearing both sides, we find favour with the appellant s contentions. They are paying excise duty to the tune of around Rs. 4 crores per annum. As such, the same assessable value is required to be adopted at the time of clearance of the goods. Compensation given to the buyers in respect of the good ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
