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M/s Siemens Ltd. Versus Commissioner of Central Excise, Mumbai-IV

2016 (2) TMI 681 - CESTAT MUMBAI

Reversal of CENVAT credit - Valuation of goods sold from depot - Duty demand on the additional value recovered on the goods cleared from depot under composite contracts - Held that:- The learned Counsel has very correctly determined the method of arriving at the additional amounts received at depot, which can be attributed to the assessable value of the goods manufactured by them at the factory gate. It is arrived at after deducting (i) Sales tax, (ii) excise duty paid at factory, (iii) CENVAT C .....

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basket of goods, also containing certain inputs cleared as such. In these circumstances, it cannot be said that a different rate of duty can be applied to the parts manufactured by the appellant in their factory premises. The rate of duty is fixed when the parts leave the factory. It is only the value that needs to be re-determined in view of composite contracts. - In view of the above, it is clarified that the rate of duty applicable on the differential assessable value recovered at the dep .....

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- A/85461/16/EB - Dated:- 22-1-2016 - SHRI RAMESH NAIR, MEMBER (JUDICIAL) AND SHRI RAJU, MEMBER (TECHNICAL) For the Petitioner : Shri Rajesh Ostwal, C.A. For the Respondent : Shri S.V. Nair, Assistant Commissioner (AR) ORDER PER: RAJU The appellants, M/s Siemens Ltd., were clearing some parts of X-ray machines/instruments. They were clearing such parts on payment of duty to their depot from where the same were sold as part of composite contracts. The appellants were also clearing certain bought .....

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gross assessable value of the goods sold at the depot. On the excess differential value collected by them, they were paying Central Excise duty of 5%/8%, which was applicable to the medical equipment manufactured by them during the relevant time. The Revenue issued show-cause notices seeking to demand duty on this value @ 15%, 18% and 20%. 2. Learned Counsel for the appellant challenged the manner in which calculations for the differential value have been made. He also argued that the rate of du .....

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ntract, the assessable value calculated for clearance of parts manufactured by them and inputs cleared as such, was deducted to arrive at the net excess assessable value recovered at the depot. On this net assessable value, duty was demanded. 3. Learned AR relied on the impugned order. 4. We have gone through the rival contentions. We find that the appellants are clearing parts manufactured by them along with inputs as such to their depot. From the depot, against the composite contracts, these p .....

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