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TMI Blog2020 (2) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellant Shri Mayur Shroff, Advocate for the Respondent ORDER Per: Dr. D.M. Misra This appeal is filed by the Revenue against Order-in-Appeal No. MV/RKS/76/2011 dated 14.12.2011 passed by the Commissioner of Central Excise (Appeals), Mumbai-I. 2. Briefly stated the facts of the case are that the respondent during the relevant period September, 1990 to February, 2000 failed to include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the goods manufactured by the respondent instead of 1.75% as held by the adjudicating authority. He submits that the learned Commissioner (Appeals) has also erred in setting aside the interest confirmed under Section 11AB of the Central Excise Act, 1944. 4. Per contra, the learned Advocate Shri Mayur Shroff for the respondent submits that the appellant had periodically computed the duty by cal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the amortization cost as 0.66% of the value of the moulds. It is his further contention that even if the differential duty is calculated by enhancing the cost of moulds from 0.66% to 1.75% as per Revenue's contention, it would not exceed Rs. 50.00 lakhs, hence, the present appeal is covered by the litigation policy Circular dated 22.08.2019 issued by the Board. Further, he has submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntage, which is required to be added in the assessable value, has been reworked out, as below: - Cost of mould per unit = Total cost of mould No. of units capable of manufacture = Rs. 21,20,000/- Rs. 20,00,000/- = Rs. 1.06/- per unit. Therefore, the percentage of cost includible in the assessable value will be = Rs. 1.06 x 100 Price of one unit (as decided earlier) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sable value." The said amortization percentage has been arrived at based on the Chartered Accountatn's certificate and no contrary evidence has been placed by the Revenue to rebut the said finding of the learned Commissioner (Appeals). Also, the amount involved in the present appeal if calculated taking the revised amortization cost of mould @ 1.75% would definitely be less than Rs. 50.00 lakhs, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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