9911796707
TMI Blog2001 (1) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... J)]. Arguing for the assessee Shri Ravishankar, Advocate, submitted that the issue relates to Valuation. He submitted that transportation charges will not become part of the assessable value. He said that Central Excise duty is leviable on the manufacture and not on transportation of goods. He also stated that loading and unloading charges incurred outside the factory gate are not includible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that the Department was not justified in imposing a penalty under Section 11AC of the Act as well as the interest under Section 11AB, which relates to the period 1-1-1994 to 26-6-1996 whereas amended provisions of Sections 11AB and 11AC which were introduced on 28-9-1996. It is further submitted that penal provisions under the relevant provisions cannot be imposed for the period in question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. Penal action cannot be initiated under the respective sections for the period in question since the amendment provisions were introduced in 28-9-1996, subsequent to the period of dispute. In view of this position the penalty as well as interest levied on the assessee is hereby set aside. 4. With reference to valuation we are of the view that the matter requires to be re-examined by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lectric Meters Ltd. reported in 1997 (94) E.L.T. 13 (S.C.). Accordingly the matter is remanded to the concerned Deputy Commissioner to look into the matter afresh and to pass an appropriate order in accordance with law on providing an opportunity to the party. 6. As regards penalty under Rule 173Q(1) the same is required to be examined and re-determination depending upon the outcome of the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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