2015 (10) TMI 610 - SCH - Central Excise

Review petition - Valuation of goods - Demand of duty - Period of Limitation - Suppression of facts - Inclusion of sales tax collected in the assessable value of goods - Whether the assessee was entitled to claim deduction under Section 4(4)(d)(ii) of the Act in respect of full amount of sales tax payable at the rate of 2% - Held that - There is a delay of 191 days in filing these Review Petitions and we do not find any justifiable reason to condone this huge delay. Even on merits, we have perused the Review Petitions and record of the Civil Appeals and are convinced that the order, of which review has been sought, does not suffer from any error apparent warranting its reconsideration. - Decided against Revenue.

Summary

The Supreme Court granted permission to file a Review Petition but rejected the application for an ex parte stay. There was a delay of 191 days in filing the Review Petitions, which was not justified. The Court dismissed the Review Petitions on the grounds of delay and lack of merit.