TMI Blog2018 (9) TMI 1732X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted by the Appellant. The Appeal as being pressed only restricts itself to imposition of penalty on accepting the valuation as found by the Tribunal in the impugned order. The Appeal is maintainable under Section 35G of the Act before this Court - Appeal admitted to decide the issue of penalty imposed u/s 11AC of CEA. - CENTRAL EXCISE APPEAL NO. 226 OF 2017 - - - Dated:- 19-9-2018 - M.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cost Accounting Standard 4 when royalty on sale does not form part of costs of production? (b) Whether in the facts and circumstances of the case and in law was the Tribunal right in holding that royalty not payable by the Appellant for the goods captively used and not actually paid is includible in costs of production of the yarn cleared from Pune factory to the Mahad factory? (c) Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case and in law, the penalty under Section 11AC of the Act is imposable on the Appellant having declared the costs of production duly certified by an independent costs accountant? 3. Shri. Shah, the learned Counsel in support of the Appeal on instructions, states that the questions (a) to (d) herein above are not pressed by the Appellants. The only question being pressed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the excisable goods and therefore, maintainable. This, as the only grievance is with regard to the penalty imposed without disputing the issue of valuation. Thus, the Appeal is maintainable under Section 35G of the Act before this Court. 5. Accordingly, the Appeal is admitted on the substantial question of law at (e) above. 6. Ms. Cardozo, the learned Counsel for the Respondent waives servic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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