GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2015 (10) TMI 1359 - CESTAT CHENNAI

2015 (10) TMI 1359 - CESTAT CHENNAI - TMI - 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ify the deposit particulars and evidence and 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 : M .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

amount collected from the buyers of the components 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 comp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as the issue in (i) above is concerned that 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 mone .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ble value, the final goods not being liable 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Advanced Search


Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

21-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| 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