Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

The Commissioner of Central Excise Versus M/s. Sundaram Dynacast Ltd., The Custom, Excise and Service Tax Appellate Tribunal

2015 (4) TMI 244 - MADRAS HIGH COURT

Valuation - Power of Tribunal - whether the Tribunal could pass an order based on the statement made by the learned counsel for the respondent/assessee that the actual amortised cost has been included in the value of the components during the relevant period, which is not supported by any material - Held that:- Tribunal has merely recorded the statement made by the learned counsel for the assessee and dismissed the appeal filed by the Department. In this view of the matter, the findings of the T .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ideration - Matter remanded back - Decided in favour of Revenue. - Civil Miscellaneous Appeal No. 1633 of 2010 - Dated:- 12-3-2015 - R. Sudhakar And S. Vimala,JJ. For the Appellant : Mr. E. Vijay Anand Standing Counsel For the Respondents : No appearance JUDGMENT (Judgment of the Court was delivered by R. Sudhakar,J.) This Civil Miscellaneous Appeal filed under Section 35G of the Central Excise Act, 1944 challenging the order dated 10.11.2009 made in Final Order No.1666 of 2009 on the file of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ng duty?" 2. The brief facts of the case are as follows: The first respondent/assessee is engaged in the business of manufacturing excisable goods falling under Chapter 79, 84, 85, 90, 91 and 96 of the CETA, 1985. On verification of documents maintained by the assessee during the period from 1994-95 to 1997-98, more particularly debit notes raised by the assessee, it was found that amounts realised through debit notes were relevant to preparatory work charges including design, drawings and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ch purchase orders, M/s. SDL have also entered into agreements with various customers for compensation against design, drawing and development charges of dies and tools used for goods manufactured and supplied by them. Certain such agreements also relates to design, drawing and development charges of dies and tools required for manufacture and supply of goods contracted between them. A cross verification of the invoices raised by M/s.SDL along with relevant purchase orders shows that M/s.SDL hav .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re and supply of goods. Hence it appears that the money value of such activities should form part and parcel of the value of the goods manufactured and supplied. Similarly, the financial compensation for design, drawing, development of tools and dies extended by the customer for manufacture and supply of goods, appears to have a direct influence on the contracted price entered into between M/s.SDL and their customers. In view of the above facts, it appears that the prices adopted for the purpose .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e of determining assessable value. The goods under reference falling under various chapters during the relevant period are liable to duty at the rate of 15% adv. Hence the differential duty payable on the additional amount realised by M/s.SDL works to be BED ₹ 9,56,666.40 Consequently, the show cause notice proposed to demand duty as follows: "Now. therefore, M/s.SDL are hereby called upon to show cause to the Additional Commissioner of Central Excise (P&V), Chennai - II Commissio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n 11AB of Central Excise Act, 1944. 3. Thereafter, the case was adjudicated by the jurisdictional Assistant Commissioner, who held that the Chartered Engineer's certificate filed by the first respondent/assessee could not be accepted in view of certain discrepancy. He further held that since the assessee could not establish the pro-rata amortization cost per piece through a legally sustainable manner, the entire cost of moulds has to be taken for the purpose of demanding duty. The relevant p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ld that the dispute between the Department and the assessee centers around the Chartered Engineer's certificate and even if the Chartered Engineer's certificate has to be rejected, there should be other information available on record. He further held that if there were some discrepancy in the Chartered Engineer's certificate, the same could not be rejected in its entirety. He placed reliance on the decision of the Gujarat High Court in the case of Mangal Textile Mills Pvt. Ltd. v. U .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

anding duty on components, the order demands duty on the value of moulds. This totally unacceptable. Therefore, the impugned order is set-aside. However, the department may again proceed against the appellant, if it is found that they have not correctly amortized the value of moulds and included such amortized cost on the components cleared during the disputed period." 6. Not satisfied with the order of the Commissioner (Appeals), the Department went on appeal before the Tribunal. The Tribu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version