TMI Blog2018 (10) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... ] had considered a similar issue and observed that entire exercise is revenue-neutral, the appellant could not have achieved any purpose to evade duty and held the issue in favour of the assessee. Appeal allowed - decided in favor of appellant. - Appeal No. E/173/2012 - FINAL ORDER No. 42684/2018 - Dated:- 26-10-2018 - Ms. Sulekha Beevi, C.S., Member (Judicial) And Shri Madhu Mohan Damodhar, Member (Technical) Shri D. Santhana Gopalan, Advocate For the Appellant Shri A. Cletus, ADC (AR) For the Respondent ORDER Per Bench The brief facts of the case are that the appellants contravened provisions of Rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 and Section 4 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are shown below : Year Rate of Actual Overhead 2005-06 16.35% 2006-07 12.58% 2007-08 15.98% For the clearances made from 01.04.2007 to 18.10.2007, since the balance sheet for 2006-07 was not completed, the appellant adopted the overheads of 2005-06 viz. 16.35%. During the impugned period i.e. from 19.10.2007 onwards, since the balance sheet for 2006-07 was finalised, the overheads of 12.58% was adopted. He argued that during the year 2006-07 there was reduction in the overheads from 16.35% to 12.58% and they have adopted 12.58% while arriving at the value. The Ld. counsel s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue-neutral and the demand is also time-barred. Undisputedly, the clearances are made to their own sister units and even if the differential duty is paid by the appellants, the assessee units would be able to take cenvat credit of the same. On these grounds, it can be seen that there is no loss to the Government and no gain to the appellant which discloses revenue-neutral situation. The Hon ble jurisdictional High Court in the case of CCE Chennai Vs Tenneco RC India Pvt. Ltd. (supra) had considered a similar issue and following the decision of the Hon ble Apex Court in the case of Nirlon Ltd. (supra) had observed that entire exercise is revenue-neutral, the appellant could not have achieved any purpose to evade duty and held the issue in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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