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2016 (1) TMI 265 - CESTAT NEW DELHI

2016 (1) TMI 265 - CESTAT NEW DELHI - 2016 (332) E.L.T. 841 (Tri. - Del.) - Extended period of limitation - allegation that respondent had undervalued the goods manufactured for STPL on job work basis. - facts were known to the department - whether the Commissioner was right in holding that the demand is barred by limitation - Held that:- Price so declared was highly undervalued and that therefore extended period is invokable. On perusal of the Order-in-Original, it is seen that though the respo .....

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spondent will be receiving Zinc Die Cast scrap from STPL, respondent intends to take credit of duty on it, manufacture the Zinc Oxide and clear the same to M/s.Videocon Narmada Glass (A division of Videocon International Ltd.) under brand name 'STPL' and will be paying duty on value declared by STPL @ 67/- per kg. The respondent then also filed declaration dated 4.4.2001 under 173B of Central Excise Rules, 1944 declaring intention to manufacture branded goods for STPL and to pay full duty withou .....

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rtment, they ought to have immediately informed the assessee if there was any shortcoming in the declaration of price or valuation of goods. We therefore are of the considered view that the impugned order calls for no interference. The same is sustained. - Decided against Revenue. - Appeal No. E/2313/2006-EX ( DB ) - Final Order No. A/52943/2015-EX(DB) - Dated:- 21-9-2015 - Sulekha Beevi C S, Member (J) And B. Ravichandran, Member (T) For the Appellant : Shri Govind Dixit, AR For the Respondent .....

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Pvt. Ltd (hereinafter referred to as STPL) and such goods were being cleared on payment of duty at the value declared by STPL. The goods so manufactured for STPL were cleared on payment of duty to M/s. Videocon International Ltd to be used as input in their dutiable final products. A show cause notice dated 21.10.2005 was issued for the period 2001-2002 to 2003-2004 alleging that respondent had undervalued the goods manufactured for STPL on job work basis. The notice culminated in the Order-in- .....

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barred. The respondent did not include all expenses and did not provide cost sheet and has suppressed assessable value of goods cleared on behalf of STPL. Further that the decision laid in M/s. Pahwa Chemical (P) Ltd. Vs. CCE, Delhi reported in 2005 (189) ELT 257 (SC) is not applicable to the case and that the Commissioner has wrongly held in favour of the assessee by following the decision laid in the said judgement, On scrutiny, it was found that the price declared was not true. Respondent had .....

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n Pahwa Chemicals Pvt.Ltd. (supra) squarely covers the case of Respondent and has been rightly applied by the Commissioner. 5. We have heard both sides and perused the records carefully. At the outset, it has to be stated that the foremost issue for consideration is whether the Commissioner was right in holding that the demand is barred by limitation. The appellant urge that in the self assessment scheme, the responsibility of correct declaration rests with assessee. On scrutiny it was found tha .....

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. It is seen that the respondent submitted price list in form 2C along with covering letter dated 3.4.2001 to the jurisdictional Superintendent informing that the respondent will be receiving Zinc Die Cast scrap from STPL, respondent intends to take credit of duty on it, manufacture the Zinc Oxide and clear the same to M/s.Videocon Narmada Glass (A division of Videocon International Ltd.) under brand name 'STPL' and will be paying duty on value declared by STPL @ 67/- per kg. The respond .....

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