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M/s The Indian Hume Pipe Co. Ltd. Versus Commissioner of Central Excise, Mumbai

2017 (2) TMI 256 - CESTAT MUMBAI

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% e .....

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but they continued to take overhead charges @ 100%. In this case, even if we go as per best judgment since the 100% overhead charges was accepted on the basis of costing done by the Cost Accountant that is more authentic and there is no change of ci .....

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he 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) A .....

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nkey Project to supply of pipes. As regards pipes, they are valuing the goods on cost construction method. For that purpose, for the cost of manufacture, earlier they were taking overhead expenses @ 300% of labour charges and filed their price list. .....

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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. .....

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the appellant have not only submitted the Chartered Accountant s certificate but also the Department s audit have verified the costing and allowed the 100% overhead charges. For the period involved in the present case, the appellant could not provid .....

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e costing by their Costing Wing accepted that 100% overhead charge is correct. Therefore, for the subsequent period, which is the period in the present case, there was no reason to discard 100% overhead charges and demanding duty on the difference of .....

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appellant suo moto taken 300% overhead charges, however, in the subsequent period they have taken 100% as the overhead charges, which has been examined by the Department and accepted the same on the basis of C.A. certificate produced by the appellant .....

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