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Commissioner of Central Excise, Chennai-IV Versus M/s Nettur Technical Training Foundation Industries Ltd.

2015 (10) TMI 1359 - CESTAT CHENNAI

Valuation - demand u/s 11D for amount collected in the name of Excise Duty - Held that:- So far as the amount collected separately from buyers to the extent of ₹ 6,53,169.36 is concerned, even though collection made was prior to introduction of Section 11D, it is necessary to verify whether this money has gone to the treasury or not. This can be stated following the ratio laid down by the Hon'ble Supreme Court in the case of Sahakari Khand Udyog Mandal Ltd. Vs. CCE - [2005 (3) TMI 116 - SU .....

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pass appropriate order on this limited issue only.

Revision of cost has no significance when it is supplied by buyer to the assessee not being liable to duty because its finished goods are ultimately exempted which remained undisputed by Revenue. - Decided partly in favour of Revenue. - E/485/2004 - Dated:- 27-4-2015 - D N Panda, Member (J) And R Periasami, Member (T),JJ. For the Appellant : Mr L Pannerselvam, AC (AR) For the Respondent : Mr T Ramesh, Adv. ORDER Per: D N Panda: The s .....

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onents for the cost of tools is also to be proportionately included to the assessable value of the components as the tool cost so received is in relation to the manufacture of components and hence form the part of the assessable value as per Section 4 of Central Excise Act, 1944. (iii) an amount of ₹ 6,53,169.36 collected separately from the buyers of the components under the head 'Excise duty' on the tools used in the manufacture of components prior to the introduction of Section .....

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the same is of no relevance because even if included in the assessable value the finished goods are exempted from duty. 3. So far as the issue in (ii) above is concerned contention of the assessee is that the cost of tools used in the manufacture of components being attributable to issue (i) above and this issue has also no consequence to the Revenue. 4. So far as the issue in sl. No. (iii) is concerned, the contention of the assessee is that the money collected from the buyers to the extent of .....

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to duty, this issue is also of no relevance. 6. Revenue came in appeal only against issue in sl.No. (i) and (ii) before ld. Commissioner (Appeals). But it contends that the issues raised in the show cause notice in para-4 as reproduced above was not decided in accordance with law by the authority below. Therefore, the appellate authority went wrong in para-5 (B) of his order to dismiss the appeal of the Revenue. The assessee failing to pay appropriate duty as manufacturer of tools and dyes, it i .....

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