2006 (3) TMI 600

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..... the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application seeks waiver of pre-deposit and stay of recovery in respect of an amount of duty of Rs. 1,22,566/- and an amount of penalty of Rs. 10,000/-. The duty demand on the appellants is consequential to enhancement of assessable value of the cotton yarn cleared by them qua job workers to their principal manufacturer M/s. K.G. .....

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..... basic price of cotton was taken as Rs. 40.79, purchase expenses were taken as Re.0.73 and total landed cost was determined as Rs. 41.52 (Rs. 40.79 + 0.73 = 41.52). The certificate indicates that freight, spot expenses etc. were included in purchase expenses . Ld. Consultant has argued that Re.0.73 includes the transportation and handling charges in so far as 1 kg. of cotton yarn (16s) cleared by .....

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..... n the assessable value, though they have asserted that they included handling charges in the assessable value. Their admission of non-inclusion of transportation charges in the assessable value is inconsistent with their own Cost Accountant s certificate, while their claim of having included handling charges in the assessable value is not supported by any documentary evidence as observed by the lo .....

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