Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Extracts
Home List
← Previous Next →

Parle Products Pvt. Ltd. Versus Commissioner of Central Excise, Mumbai-IV

Valuation of goods - Inclusion of overhead cost and profit margin - Held that:- Personal hearing was granted to the appellant on 28.12.2004 and the Commissioner has relied upon the reports of the AD (Cost), which are dated 23.2.2005 and 14.3.2005 and the order is passed on 31.3.2005. Under the circumstances, we find force in the contention of the counsel for the appellant that there has been serious breach of principles of natural justice inasmuch as the order has been passed without supplying t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t is manufacturer of biscuits, confectionary and other items. They are manufacturing the biscuits in their own units and also getting the same manufactured from other persons termed as contract manufacturers. When such biscuits are being manufactured, the appellant supplies them as Parle mix of different flavours and various types of printed wax papers and wrappers . These two items are manufactured by the appellant and supplied to the contract manufacturers for use in the manufacture of biscuit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s and various types of packaging materials manufactured by them, it was noticed that while calculating the cost of these items, certain indirect cost elements viz. overhead cost and profit margin were not included in the value of the said products. Accordingly two show cause notices were issued to the appellant, one covering the period April 1999 to March 2003 and the other covering the period April 2003 to March 2004. The case was adjudicating by the Commissioner vide the impugned order in whic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of ₹ 24,23,689/- under the provisions of Section MAC of Central Excise Act, 1944, read with Rule 1730 of Contra] Excise Rules, l944, and Rule 25 of Central Excise Rules, 2001/2002, in respect of Show Cause Notice No.V-Adj(Misc)30-45/04 dt.29.04.04. 4) I also impose penalty of ₹ 8,95,352/- under the provisions of Section 1 1AC of Central Excise Act, 1944, and Rule 25 of Central Excise Rules, 2001/2002, in respect of Show Cause Notice No.V-Adj(Misc)30-77/04 dt 06.08.04 5) The interest .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r comments. Hence there has been a case of breach of principles of natural justice. The learned counsel also submitted that they have no objection in following the CAS-4 system even for the earlier period. However, the assessable value arrived as per CAS-4 system by the AD (Cost) should be supplied to them so that they can examine the same and rebut the same. The learned counsel also submitted that in both the show cause notices, extended period of limitation has been invoked. It was submitted t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version