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2016 (1) TMI 732 - CESTAT MUMBAI

2016 (1) TMI 732 - CESTAT MUMBAI - TMI - Determination of value - determination of cost of production of goods manufactured by another unit - cars manufactured by assesse for their own use - extended period of limitation invoked - whether details about the cost of production etc. were not made available to the department? - Held that:- As in this case the cars cleared have not been utilized for further manufacture of goods but were used by the officials of the company in connection with the busi .....

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otice so as to invoke the extended period. Even the learned Commissioner (Appeals) has dropped the penalty keeping in view the issue involved is interpretation of law. In our view, in the facts and circumstances of the case, invoking the extended period of limitation is not justified. - Decided in favour of assessee. - Appeal Nos. E/3028 & 2993/06-Mum, E/CO/25/07 - Dated:- 10-8-2015 - P. K. Jain, Member (T) And S. S. Garg, Member (J) For the Appellant : Shri Sanjeev Dahiya, General Manager For t .....

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of production under Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. The case was adjudicated by the original authority who dropped the proceedings. Aggrieved by the said order, Revenue filed an appeal before Commissioner (Appeals). The Commissioner (Appeals) vide the impugned order held that the value should be determined under Rule 11 read with Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. He confi .....

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under Rule 8 i.e. cost of production plus 15% profit margin, even then the demand will work out to only ₹ 27,566/-. He further submitted that in fact, in respect of two vehicles, the value is less than the value on which they had paid the duty. He further submitted that even though the said certificate was produced before the Commissioner (Appeals) and the Commissioner (Appeals) has taken the view that the value is to be determined under Rule 11 read with Rule 8, even then in the last para .....

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ion to this submission, the learned counsel also submitted that the department has invoked extended period of limitation. He submitted that there was no suppression of fact or any other thing so as to justify the invocation of extended period of limitation. 3. Learned AR, on the other hand, submitted it would be seen from the show cause notice that they have paid the duty on ₹ 53.92 lakhs while the cost capitalized was ₹ 55.72 lakhs (net of taxes) and the department added 15% on the .....

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