TMI Blog2015 (11) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... ned, the adjudication proceeding was finally heard on 22.12.2004. Thereafter on 15.6.2005, report of chartered accountant was obtained by the Commissioner contending that CVD and C&F, transportation from port to buyer s premises had not been included in the cost of moulds and dies. Non inclusion thereof gave rise to demand of ₹ 37,466/-. It is difficult to agree with the learned adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er No. 50138/2014 - Dated:- 8-1-2014 - Mr. D. N. Panda, Judicial Member And Hon ble Mr. Manmohan Singh, Technical Member For the Appellant : Shri Nitin Mehta, Consultant For the Respondent : Ms. S. Bector, DR ORDER Per: D. N. Panda Shri Nitin Mehta, ld. Counsel brings out that the demand of ₹ 17,65,609/- raised by adjudication order dated 29.6.2005 comprised following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cost of moulds and dies. Non inclusion thereof gave rise to demand of ₹ 37,466/-. It is difficult to agree with the learned adjudicating authority on such demand since report from Chartered Accountant was obtained after hearing was concluded and not confronted to the appellant for rebuttal. Therefore appeal succeeds on the count of demand of ₹ 37,466/- comprised in aggregate demand of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ELT 578 (Tri.-LB) came on 16.3.2000. That required amortized cost to be included from 1997-98 to June, 2000 in the assessable value. Law being well settled there should be inclusion of amortized cost. No doubt appellant has waited for larger bench decision but that does not alter the law. Therefore demand of ₹ 5,39,775/- is confirmed. 5. Looking to the manner in which adjudication has tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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