9911796707
TMI Blog2003 (10) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : Gowri Shankar, Member (T)]. The application is for waiver of deposit of duty of Rs. 3.13 crores and equal penalty. 2. The applicant is absent and unrepresented despite and has not sought adjournment. The application was earlier adjourned on 25-7-2003 on the ground that the Counsel for the applicant was busy in the Supreme Court. We have therefore read the stay application and ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... July, 1997 and revised in April, 1998. They relied upon the circular 258/92/96-CX, dated 30-10-1996 of the Board. It is on adjudication of this notice that the demand has been confirmed and penalty imposed. 4. The contentions in the application are as follows. The Board s circular 692/08/2003-CX, dated 13-2-2003 has said that the cost of production is to be determined in accordance with the cost ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d therefore the larger period of limitation invoked in the notice cannot be sustained and penalty also cannot be imposed. 5. The departmental representative, who reiterates the finding of the Commissioner. He further points out that the Board s circular of 2003 attract the captively consumed capital goods and therefore would not apply to the goods under consideration if they are not capital good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring profit. It is clear from this that the applicant has not included the head office expenses in relation to purchase of material related to activities resulting in the manufacture of the goods including procurement of raw material. The decisions relied upon by the applicant do not support the view that the administrative expenses are not to be included. Manufacturing cost would include all cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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