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2015 (4) TMI 121 - SUPREME COURT

2015 (4) TMI 121 - SUPREME COURT - TMI - Valuation - appellant/assessee is the manufacturer of Earth Moving equipments which they are supplying to Bharat Earth Movers Limited - material is supplied by the BEML free of cost and after manufacturing the equipments the same are supplied to the BEML by the assessee - whether that cost is to be included in the value for the purpose of excise duty in the hands of the assessee - Held that:- CESTAT has allowed the appeal of the respondent herein relying .....

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nts : Mr. V. Lakshmi Kumaran , Adv. Mr. M. P. Devanath , Adv. Mr. R. Ramachandran , Adv. Ms. L. Charanaya , Adv. Mr. Aditya Bhattacharya, Adv. Mr. Prashanth S. Shivadass, Adv. Mr. Rajesh Kumar, Adv. Mr. Vivek Sharma, Adv. For the Respondents : Mr. Yashank Adharu , Sr.Adv. Ms. Mennakshi Grover, Adv. Ms. Nisha Bagchi , Adv. Ms. Pooja Sharma ,Adv. Mr. B. Krishna Prasad, Adv. ORDER In C.A.No. 8484/2003 The appellant/assessee is the manufacturer of Earth Moving equipments which they are supplying to .....

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anded the case back to the adjudicating authority for fresh adjudication in view of the observations made in the impugned order. Insofar as the show cause notice issued by the adjudication authority is concerned, the assessee had also raised the issue of limitation which has been decided by the CEGAT against the assessee. This is how the assessee is before us challenging the order of the CEGAT. When the matter was called out for hearing we were informed that after the remand the Assistant Commis .....

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