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Cipla Ltd. Versus Commissioner of Central Excise (Adj) Mumbai

2016 (1) TMI 1135 - CESTAT MUMBAI

Invokation of extended period of limitation - Demand and imposition of penalty - differential duty - inclusion of element of 'bonus and gratuity' in the cost of the product -appellant supplying their goods to sister concern unit on the valuation arri .....

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uct declared in their declaration. They have categorically stated method of costing. They also declared 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 .....

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or documents. It is also observed in the show cause notice that there is no specific allegation of suppression of facts or mis-declaration for invoking extended period under proviso to Section 11A. Therefore demand for extended period is not sustain .....

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ntained. - Decided in favour of appellant - E/1673/05-MUM - A/85415/16/EB - Dated:- 12-1-2016 - Mr. Ramesh Nair, Member (Judicial) and Mr. Raju, Member (Technical) Shri. Rajesh Ostawal, Advocate for the Appellants Shri. D.K. Sinha, Asstt. Commissione .....

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confirmed on inclusion of element of bonus and gratuity in the cost of the product. 2. Show Cause Notice for the period September, 1997 to March, 2002 was issued on 3/10/2002. The appellant are supplying their goods to sister concern unit on the v .....

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ere not included in the cost of the product thus, value was suppressed. In the adjudication, the Adjudicating authority held that out of the aforesaid elements only bonus and gratuity is includible and accordingly demand was reduced. 3. Shri Rajesh O .....

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n they were submitted Cost Accountants certificate therefore entire facts that how the valuation is done was in the knowledge of the department. Therefore extended period could not have been invoked. As regard the duty demand of normal period i.e fr .....

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tes the findings of the impugned order. 5. We have carefully considered the submissions made by both sides. 6. We find that the appellant have been filing their price declaration in form annexure II(b) alongwith necessary certificate of costing for t .....

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