TMI Blog2006 (6) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... t been accepted as normal price in terms of Section 4 (i) (b) of the CE Act. The evidence pertaining to clandestine removal is the difference of figures shown in RG1 Register and the Balance Sheet for the year 1994-95 to 1998-99. With regard to the allegation of valuation, there has been escalation of prices and as such the Revenue has proceeded to enhance the value on the allegation of suppression of facts. 2. The contention of the appellant is that they are paying the duty on the ex-factory price as determined by the Cost Construction Method and Provisions of 4 (i) (a) of Valuation Rules. They contended that the Department was aware of the fact that the assessable value of their products had been based on Cost Construction Method and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns have been raised pertaining to allegation of clandestine removal of pipes and non-accountable in RC1 Register and the figures shown in the Balance Sheet were taken to show that there was clandestine removal. In that case also the valuation had been revised. He submits that this Bench after due consideration in the case of Karnataka Cement Pipes Factory Vs. CCE by Final Order Nos. 757 and 758/2005 dated 20.10.2005 disagreed with the assessee's contention pertaining to the escalation charges not to be added in the assessable value. The Tribunal set aside the demands on allegation of clandestine removal based solely on the figures shown in the Balance Sheet in the light of several judgments of the Tribunal. The Tribunal also remanded the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty. As the issue is common and same pertaining to like industry, therefore this Bench is required to follow its Order cited supra. Respectfully following the same, the demands confirmed on allegation of clandestine removal solely based on the figures shown in the Balance Sheet is set aside. The inclusion of escalation charges is confirmed. The other issues, that is with regard to claim of deduction on the ground of the price being cum duty, valuation, time bar and penalty are set aside and remanded to Commissioner for denovo consideration. The Commissioner shall examine the issue on these points by granting an opportunity of hearing to the appellants and follow the ratio of the judgments that would be referred by the assessee and grant th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
