2017 (1) TMI 1436 - AT - Central Excise

Valuation - determination of assessable value - Instead of providing the entire cost data, the respondents provided only overhead expenses of the second half of the year stating that to be ₹ 75.02 per kg. while the actual factory overhead was ₹ 106.20 per kg. - Held that - we are not able to understand from the facts of the present case as to whether the officer conducting his adjudication has applied his mind in good faith to law. If he fails to discharge his duty under law, having his own scope to call for entire details, it is very difficult to appreciate the Revenue s case after twelve years - appeal dismissed - decided against revenue.

Summary

The Appellate Tribunal CESTAT CHENNAI dismissed Revenue's appeal due to misdeclaration causing prejudice in determining assessable value. The officer's failure to apply his mind in good faith was highlighted, referencing the Nizam Sugar Factory case.