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2015 (6) TMI 539 - CESTAT MUMBAI

2015 (6) TMI 539 - CESTAT MUMBAI - TMI - Waiver of pre deposit - Valuation u/s 4A - Inclusion of freight - Held that:- duty is required to be paid inclusive of freight amount. As far as invoking the extended period of limitation is concerned, there also, we find that issuance of the other show cause notice does not affect the present show cause notice. In the other show cause notice, the department was of the view that the applicant is required to pay duty under Section 4A (as was being done by .....

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ady deposited, within a period of eight weeks and report compliance on 8 th June, 2015 - Decided partly in favour of assessee. - Application No. E/Stay-96507/2014, Appeal No. E/88425/2014 - Dated:- 6-4-2015 - Shri P K Jain, Member (T) And Ramesh Nair, Member (J),JJ. For the Appellant : Mr S N Kapoor, Adv. For the Respondent : Mr N N Prabhudesai Superintendent (AR) ORDER Per: P K Jain: Brief facts of the case are that the applicant is a manufacturer of confectionary items which were being sold fr .....

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has issued a show cause notice for the same period demanding duty under Section 4A and, therefore, extended period of limitation cannot be invoked. The other ground of the applicant is the financial condition of the company and in support of the same the applicant has submitted balance sheet for the years 2011-12, 2012-13 and 2013-14. 3. The learned AR reiterated the impugned order and stated that in the other show cause notice the issue was whether the goods will be covered under Section 4 or 4 .....

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