TMI Blog2018 (11) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... - Neither the value adopted by the appellants for payment of duty nor the value finally adopted by the Revenue, is as per CAS-4 Certificate. The valuation adopted by the Department has not been certified by the Cost Accountants. Revenue Neutrality - Held that:- It is not in dispute that any differential duty paid by Durgapur Unit will be available as cenvat credit in the Burdwan Unit. This leads to revenue neutral situation. The demand for differential duty, arrived at by questionable means, does not merit to be sustained - demand with penalty do not sustain - appeal allowed in part. - Ex.Appeal Nos.66,67/09 - FO/A/76847-76848/2018 - Dated:- 24-10-2018 - SHRI P.K.CHOUDHARY, MEMBER (JUDICIAL) AND SHRI V. PADMANABHAN, MEMBER (TECHNI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant as well as on the Director of the Appellant Company, under Section 11AC of the Central Excise Act, 1944 read with relevant Rules. This impugned order is under Challenge in the present appeals. 3. The appellants case is argued by Shri N.K.Chowdhury, ld.Advocate. He submitted that the appellants did not press the dispute with respect of the shortages, which stand admitted and duty thereon already paid. But he submitted that the under-valuation alleged by the Department and confirmed by the Adjudicating Authority, is being challenged by the appellants. During the course of investigation, the appellants produced the CAS-4 Certificate duly certified by the Chartered Accountant for arriving at the value of stock transfer goods. Even tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st issue regarding shortage of goods found during stock verification is not pressed by the appellants. Accordingly, we uphold the findings of the lower authorities in terms of confirming duty on the goods found short along with interest and penalty equal to such duty. 7. The main dispute is regarding the valuation of the goods to be adopted for stock transfer from the Durgapur Unit to Burdwan Unit. Since such transfer does not involve sale, the valuation is required to be adopted in terms of Rule 8 of the Central Excise Valuation Rules, 2000. This Rule prescribes that the valuation is to be determined at the rate of 115%/110% (as prevalent at the relevant time) of the value of the goods arrived at as per CAS-4 Standard. Such Standard hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Anglo French Textiles (supra), which has been affirmed by the Hon ble Supreme Court in the case of Commissioner Vs. Anglo French Textiles : 2018 (360) ELT A301 (SC), has taken a view that in such revenue neutral situation, there can be no allegation of suppression and no demand of differential duty is sustained. In this regard, the Bench relied upon the Larger Bench s decision in the case of Jay Yuhshin Ltd. (supra). 10. By following the above decision, we are of the view that the demand for differential duty, arrived at by questionable means, does not merit to be sustained. Accordingly, the demand of differential duty along with associated penalties are set aside. The penalty on the Director of the Appellant Company is also set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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