TMI Blog2016 (12) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... to be arrived at then proforma CAS4 should be made use of and such CAS certification should be done by a registered Cost Accountant. We find that unless cost accountant certifies the cost of manufacture in the form CAS4, the provision of said Rule 8 cannot be applied - Appeal allowed - decided in favor of the assessee. - Appeal No. E/3472/2006-EX[DB] - FINAL ORDER No.71022/2016 - Dated:- 13-10-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It appeared to Revenue that such preposition is covered by Rule 8 of Central Excise Valuation Rules, 2000. Therefore, for the period from July, 2000 to November, 2002 they have added 15% on value of the goods transferred to Silvasa to arrive at differential value and on the said differential value duty of ₹ 48,60,014/- was demanded through above stated show cause notice. The show cause noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Learned A.R. wants to rely on OIA. 6. We have taken into consideration the rival contentions. We find that said Rule 8 of Central Excise Valuation Rules, 2000 provides that when the goods are not sold then the value for the purpose of Section 4 of Central Excise Act, 1944 is to be arrived at on the basis of cost of manufacture. Such cost of manufacture is to be added with 15% to arrive a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue of present show cause notice. This is how the show cause notice is not confirming to the provisions of said Rule 8. Therefore, the show cause notice is not assessable. Further, all the transactions were reported in ER-1 return. Therefore, extended period could also not be invoked. On both the counts the said show cause notice is not sustainable. We, therefore, allow the appeal in above terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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