2014 (1) TMI 1649 - SCH - Central Excise

Marketability of optical transmission equipment - Valuation of goods Cost construction method OR value of comparable goods - Clandestine removal of goods - Extended period of limitation - Supreme Court after hearing the appeal dismissed the appeal filed by the assessee against the decision of Tribunal 2013 (11) TMI 1415 - CESTAT CHENNAI , wherein Tribunal held that For goods to be marketable it is not necessary that goods in question should be generally available in the market - Marketability does not depend upon the number of purchasers - The goods cleared without payment of duty for which duty is now demanded cannot be considered as goods cleared to other units of the appellant for further manufacture of other excisable goods - Excise liability does not depend on realisation of money but on manufacture and removal - the appellant has been freely removing goods under the pretext of testing to be done, replacement of defective pieces etc. without payment of duty and proper accounting of the goods after testing etc. thus in the case of short shipment also this is only a method adopted for clandestine removal and not cases of genuine supplies to make good short shipments.

Summary

Supreme Court dismissed the civil appeal in the case with citation 2014 (1) TMI 1649 - SC Order. Justices Anil R. Dave and Jagdish Singh Khehar presided over the case.