TMI Blog2016 (7) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... ceived the impugned show cause notice dated on 13-06-2014. - Demand is hit by limitation. Valuation - receipt of additional consideration - Held that:- In any case, to qualify as additional amount, over and above the agreed prices should have passed from the buyer to the manufacturer/respondent of which there has been no proof adduced by the department. Further, even in the Tribunal Final Order dated 30-06-2014 relied upon by the appellant/Revenue treated only project management, documentation, and non-recurring expenditure as includible in the assessable value of missiles etc. Demand set aside - Decided in favor of assessee. - E/21412/2015 - Final Order No. A/30559/2016 - Dated:- 27-6-2016 - Ms. Sulekha Beevi, C.S., Member (Judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the notice is time barred, iii) in respect of show cause notice dated 06-08-2014 demand only of ₹ 7,67,704/- was confirmed along with interest and penalty also levied, however, demands to the tune of ₹ 30,24,09,832/- were dropped. 3. Penalty of ₹ 1,00,000/- was also imposed. 4. Revenue have come in appeal on the following main grounds, in as much as it relates to dropping of demand on the grounds of time bar and also against dropping of demands in respect of MRLS, SMT, STE 5. The appellant /Revenue was represented by Shri H.M.Dixit who reiterated the grounds of appeal. The respondent was represented by Shri M.V.S. Prasad, who submitted that the first ground of appeal that the Commissioner erred in dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d acknowledgement receipt thereof obtained on 10-06-2013. This being so, any notice for alleged infraction of law with respect to the aforesaid invoice should have been issued, and served on the respondent within a period of one year from the date of filing of the said return ie. on or before 06-06-2014. The respondent has produced acknowledgement issue dot them having received the impugned show cause notice dated on 13-06-2014. We also find from the records this fact has not been controverted or disproved by the department to date, inspite of opportunity and time given during the hearing held on 16-05-2016. This being the case, we find ourselves in agreement with the finding of the lower authority that the demand of ₹ 34,52,589/- wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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