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Hindalco Industries Ltd. Versus Commissioner of Central Excise, Navi Mumbai

2015 (10) TMI 2270 - CESTAT MUMBAI

Valuation - Non inclusion of cost of loading/handling charges and insurance at the rate of 8% (under the Employees State Insurance Scheme) incurred on the sale of such scrap - Held that:- Issue is settled by the Larger Bench of this Tribunal in the case of Supreme Petrochem Ltd. (2009 (6) TMI 51 - CESTAT, MUMBAI). We have also gone through the show-cause notice as also a copy of the audit objection/ audit memo. From these documents we are unable to understand the basis of taking an amount of  .....

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Scheme will be includable in the assessable value. Similarly, in respect of their own transfer it is not clear how a figure of ₹ 2000/MT has been arrived at. - demand has been issued without proper price analysis or investigation - Impugned order is set aside - Decided in favour of assessee. - Appeal No. E/1659/05- Mum - Final Order No. A/2811/2015-WZB/EB - Dated:- 24-8-2015 - Mr. P.K. Jain, Member (Technical) And Mr. S. S. Garg, Member (Judicial) Shri Rajesh Ostwal, Advocate : For the Pet .....

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eared to their own unit in Taloja they are adopting the same price and paying duty. The unit was audited by excise officials wherein it was alleged that they are not including the cost of loading/handling charges and insurance at the rate of 8% (under the Employees State Insurance Scheme) incurred on the sale of such scrap. For this purpose revenue estimated that the expenditure would be ₹ 1300/MT and therefore, they demanded duty by adding the said amount in the quantity of scrap cleared .....

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by the said order, appellants are before us. It is to be noted that the period involved is prior to 01.07.2000 as also post 01.07.2000 and in the first show-cause notice extended period has also been invoked. The first show-cause notice is for the period January 1998 to January 2002 and second one from February 2002 to January 2003. 3. Ld. counsel for the appellant submitted that as far as the sale of the scrap is concerned they have not recovered any amount over and above the sale price, and a .....

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e insurance of the goods and moreover loading of the goods was the duty of the buyer as they have sold the goods on as is where is basis. As far as transferring the goods to their own unit in Taloja is concerned that they have paid the duty on the same value at which they have sold similar goods to other independent buyers/customers. He further submitted that basis to take either ₹ 1300/MT or ₹ 2000/MT is not elaborated in the show-cause notice and it has been taken arbitrarily. He f .....

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