TMI Blog2019 (6) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... in the stipulated time for the disputed period can be owing to the reason of fraud, collusion, wilful mis-statement etc., with intent to evade the Government Revenue. The differential amount was deposited by the appellant much prior to the date of issue of the show cause notice. In context with finalization of CAS-4, the CBEC issued instructions from file F.No. 206/10/2017-CX.6 dated 16.12.2017, clarifying that the certificate of cost data can be prepared based on actual data by 31st of December next year. In this case, since the CAS-4 certificate was prepared based on actual cost data for the period 2011-12 and 2012-13 on 18.12.2012, the said clarification of the CBEC covers the case of the appellant. Penalty set aside - appeal allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Valuation Rules, 2000 and CBEC Circular No. 692/08/2003-CX., dated 13.02.2003. Accordingly, show cause proceedings were initiated against the appellant, seeking for recovery of the short paid duty. The matter was adjudicated vide order dated 13.01.2017, wherein central excise duty demand of ₹ 3,929/- and ₹ 17,98,511/- along with interest was confirmed on the appellant. The said amount already deposited before adjudication of the matter was appropriated in the original order against the respective confirmed demands. Besides, the adjudication order also imposed equal amount of penalty on the appellant. On appeal, the Learned Commissioner (Appeals) has rejected the appeal filed by the appellant against imposition of penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes prepared after finalization of the accounts. Thus, it is not the case of revenue that the appellant is a wilful defaulter and non-payment of duty within the stipulated time for the disputed period can be owing to the reason of fraud, collusion, wilful mis-statement etc., with intent to evade the Government Revenue. I find that the differential amount was deposited by the appellant much prior to the date of issue of the show cause notice. In context with finalization of CAS-4, the CBEC issued instructions from file F.No. 206/10/2017-CX.6 dated 16.12.2017, clarifying that the certificate of cost data can be prepared based on actual data by 31st of December next year. In this case, since the CAS-4 certificate was prepared based on actual c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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