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2017 (2) TMI 256 - CESTAT MUMBAI

2017 (2) TMI 256 - CESTAT MUMBAI - TMI - Valuation - overhead charges - for the cost of manufacture, earlier appellant were taking overhead expenses @ 300% of labour charges and filed their price list. Subsequently in the price list dated 21.8.1990, they have added overhead charges @ 100% equivalent to the labor charges - whether the overhead charges are to be 100% or 300% of labor charges? - Held that: - in the subsequent period neither the department carried out any costing verification nor th .....

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laim of 300% and 100% overhead charges, the 100% overhead charges arrived at by the Cost Accountant should be accepted - 100% overhead charges is correct - appeal allowed - decided in favor of appellant. - E/1249/06 - A/85609/17/EB - Dated:- 30-1-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Prakash Shah, Advocate for Appellant Shri H.M. Dixit, AC (AR) for Respondent ORDER Per Ramesh Nair The fact of the case is that the appellants are engaged in the manufactu .....

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cordingly duty was demanded on difference of 200% overhead charges. Accordingly, the demand was confirmed. Being aggrieved by the Order-in-Original, the appellant filed an appeal before the Commissioner (Appeals), who by upholding the Order-in-Original rejected the appeal of the appellant. Therefore, the appellants are before us. 2. Shri Prakash Shah, learned Counsel for the appellant submits that the appellants were adding 300% of the overhead charges, however, on analysis they have reduced he .....

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