9911796707
TMI Blog2006 (6) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 the RT12 returns were duty assessed. They pointed out that the certificates issued by the Chartered Accountant disclosed that there was revision on the higher sid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken 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 matter to grant the benefit of cum duty and rework out the same. The learned Counsel submits that in this case, they are contesting the confirmation of duty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the benefit, if any, as per law. This issue is remanded on this ground alone for denovo consideration. The Commissioner shall redetermine the issue within four m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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