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2015 (12) TMI 667 - SUPREME COURT

2015 (12) TMI 667 - SUPREME COURT - 2015 (326) E.L.T. 17 (SC) - Valuation - sale of soft drink through unit II - unit II is doing printing on un-printed bottles - Determination of assessable value under Rule 6(b)(ii) - Held that:- Since the matter is back to the Commissioner for fresh consideration, it may not be necessary to interfere with the order of the Tribunal insofar as it directs remand of the matter. However, the grievance of the Department in the present appeal is as it is argued by Mr .....

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atter of show cause notice i.e. from January, 1995 to October, 1997. At the same time, we also clarify that it would be open to the assessee to argue before the Commissioner that it was not permissible for the Department to invoke the larger period of limitation as there was no suppression or misstatement on the part of the assessee. If such a plea is raised, it would be for the Commissioner to take the view thereon with reference to the record and decide the same in accordance with law. - Appea .....

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ed glass bottles for distribution soft drinks. Unit II in Chinchwad, Pune is engaged in printing the logos of different soft drink manufactures. It is not in dispute that while clearing these bottles, the assessee was paying excise duty on the assessable value determined on the basis of the cost of production and profit of the unprinted glass bottles under Rule 6(b)(ii) of the Valuation Rules. The assessee received orders of printed bottles from the soft drink manufacturers and adopted a Spilt B .....

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ed by way of increased labour charges by Unit II. The assessable value adopted by the Unit I for paying duty continued to be the same and as a result, Unit I was showing heavy loss whereas Unit II was showing heavy profits. The appellant/Department s case is that the spilt billing system adopted by the assessee in such a way that the value of unprinted bottles was reduced artificially although, there was no sale of goods from Unit I to Unit II. There was lot of difference between the sale price .....

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,340/- alleged to be short paid duty during the period from January, 1995 to October, 1997 on the basis of evidence collected during the cost audit conducted in respect of the assessee in terms of the provisions of Section 14A of the Central Excise Act and investigation of the assessable value of the goods in terms of Rule 7 of the Central Excise Rules, 1975. The said show cause notice was confirmed by the Assessing Officer vide its Order-in-Original dated 10.12.1998. The Assessing Officer held .....

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o manipulation in the price. So the Investigation Officer had worked backward from the sale price of the bottles of the Unit II. From the sale price of Unit II, it has subtracted the cost of printing of bottles to arrive at the actual assessable value of the unprinted bottles. Aggrieved by the aforesaid order, assessee filed an appeal before the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal ). The Tribunal vide its final order dated 13.04.2007 allo .....

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1.1997 the nature of suppression, misstatement, if any, in relation to their price list dated 0.12.1996 can be looked into afresh and appropriate penal action can be considered. d) the appellant is free to adduce any evidence which they would like to rely upon before the Commissioner and entitled to raised all issues before him. e) The Commissioner shall give reasonable opportunity of hearing before final order is passed. Since the matter is back to the Commissioner for fresh consideration, it m .....

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