TMI Blog2016 (1) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent ORDER This appeal is directed against Order-in-Original No. 21/COMMR/(AH)/05 dated 17/2/2005 passed by the Commissioner of Central Excise (Adjudication), Mumbai, wherein demand of differential duty of Rs. 4,24,432/- was confirmed on inclusion of element of bonus and gratuity in the cost of the product. 2. Show Cause Notice for the perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty demand on merit, however, on limitation he submits that the method of valuation of cost construction basis was known to the department that they have been filing price declaration wherein they were submitted Cost Accountants certificate therefore entire facts that how the valuation is done was in the knowledge of the department. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that at the end of the year, after finalization of the cost, differential duty shall be paid. With these facts whether certain element, which were escaped to be included in the cost or otherwise could have been detected by the department on the basis of declaration and costing certificate. Moreover, on the perusal of the show cause notice, we find that&nb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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