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2016 (10) TMI 870 - CESTAT NEW DELHI

2016 (10) TMI 870 - CESTAT NEW DELHI - TMI - Captive consumption - Adjustment of short payment of duty with the excess payment of duty during the same year - self adjustment in the absence of provisional assessment - the correct value for excise duty purpose has been arrived at only on completion of the financial year and based on final accounts and following the CAS-4. When the value is arrived at based on annual data it is apparent that whatever value adopted by the appellant for captive clear .....

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rent that the duty liability as already discharged on the basis of value which is not final. The net excess or shortage will have to be considered. In the present case, admittedly, no refund has been claimed or under consideration for the impugned period even though overall payment by the appellant for the whole year is much higher than the actual liability. - Appeal allowed - decided in favor of appellant. - Excise Appeal No. 1276 of 2010 - Final Order No. 53849 / 2016 - Dated:- 28-9-2016 - .....

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tion purpose. To pay duty on goods cleared for their own use they have adopted transaction value based on market price charged to other buyers. The Revenue raised objection pointing out that for captive usage of excisable goods, the duty should have been paid on 110% of the cost of production in terms of Rule 8 of Central Excise Valuation Rules, 2000. Accordingly, the appellants were asked to submit CAS-4 certificate and to pay differential duty with interest. The period involved is 2005-2006. O .....

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yment for the whole year of 2005-06 can be considered together to arrive at liability of the assessee for duty on captively consumed goods. The lower authorities held that the demand for short payment is correctly made and the excess payment made during part of the same year cannot be adjusted against such short payment. The appellant is aggrieved by such finding and is in appeal. 2. We have heard both sides and perused appeal records. The admitted facts of the case are that during the year 2005 .....

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value is arrived at based on annual data it is apparent that whatever value adopted by the appellant for captive clearances during the year are not based on final price as the same is not known at the time of clearance. When the value is arrived at on annual data basis we find that the proposal of Revenue to consider only those cases where the value initially adopted was less than the value later arrived at based on CAS-4 certificate is not justified. Incidentally, it is noticed for the month o .....

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