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2016 (9) TMI 1100 - MADRAS HIGH COURT

2016 (9) TMI 1100 - MADRAS HIGH COURT - 2016 (341) E.L.T. 53 (Mad.) - Valuation - includability - ammortised tool cost - demand alongwith penalty - Held that:- the tooling agreement with M/s.Ford India was completed only on 13.7.2000 and that they paid the duty involved immediately thereafter on 14.7.2000 and 20.7.2000, indicated the reason why they could not pay the duty earlier. Furthermore, the Settlement Commission noted that there are no other mala fides. Thus, on facts, the Settlement Comm .....

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over the orders passed by the Commission, in the absence of an perversity in the order. - Decided against the Revenue - W. P. No. 10754 of 2005 - Dated:- 17-8-2016 - T. S. Sivagnanam, J. For the Petitioner : Thiru.Rabu Manohar and Ms.R.Hemalatha For the Respondents : Mr.G.Vijayabalan, for R-1 ORDER Heard Thiru.Rabu Manohar Ms.R.Hemalatha, learned counsel for the petitioner and Thiru.G.Vijayabalan for the 1st respondent. 2. This Writ Petition has been filed by the Commissioner of Central Excise, .....

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s and evading central excise duty of ₹ 79,09,483/- which was proposed to be demanded vide show cause notice 17.6.2003. The allegation against the first respondent was that by the said move, they have evaded payment of Central Excise Duty of ₹ 79,09,483/- which was proposed to be demanded vide show cause notice dated 17.6.2003. 4. Apart from it, there was also a proposal to demand duty under proviso to Section 11A(1) of the CEA, and proposal to impose penalty under Section 11AC of the .....

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