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2015 (10) TMI 1168 - CESTAT CHENNAI

2015 (10) TMI 1168 - CESTAT CHENNAI - TMI - Waiver of pre deposit - Penalty u/s 11AC - Valuation - Held that:- appellant manufactured Electric Mosquito Destroyer Machine (EMD) and stock transferred to their principal supplier M/s. Godrej on payment of duty by taking job charges as cost of production 110%. Whereas the differential duty demanded in terms of Rule 10(A) of Valuation Rules. We find that these goods stock transferred are meant for export and the 2nd applicant on receipt of the goods f .....

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[2014 (10) TMI 238 - CESTAT CHENNAI], this Tribunal granted full waiver of pre-deposit. Considering the above decision and also considering the fact that even if the applicant pays the differential duty, the 2 nd applicant is entitled to the Cenvat credit the applicant has made out a prima facie case for full waiver - Stay granted. - E/S/42073-42074/2014, E/41762-41763/2014 - Dated:- 19-5-2015 - R. Periasami, Member (T) And P K Choudhary, Member (J),JJ. For the Appellant : Mr Hari Radhakrishnan, .....

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on behalf of M/s. Godrej Consumer Products Ltd., as job worker and cleared to domestic market on payment of excise duty as per the MRP under Section 4A and also stock transferred the goods to their principal manufacturer for export on payment of excise duty under Section 4 on 110% as applicable. The Revenue determined the value in terms of Rule 10A, 10A(2) of Valuation Rules by taking the price at which M/s. Godrej had paid duty. The adjudicating authority demanded differential duty of ₹ 1 .....

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gher value and claimed rebate. He submits that the department enhanced the value by taking the value at which M/s. Godrej has discharged the duty. Since the goods are meant for export and they have correctly paid excise duty. It is not the case of non-payment of duty and even if the applicants pay the higher rate of duty, M/s. Godrej is still eligible to take cenvat credit and there is revenue neutrality, and prayed for waiver of pre-deposit. He further submits that this Tribunal has granted wai .....

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