2009 (3) TMI 753

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..... [Order per : Dr. Chittaranjan Satapathy, Member (T)]. Heard both sides. The respondents cleared some manufactured goods to their sister concern as well as some bought out spare parts. In this appeal filed by the department, the duty paid on the manufactured goods has been challenged alleging that the respondents have not added 15% to the cost of manufacture to arrive at the assessable value .....

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..... rough Cross Objection, the respondents are seeking refund of the balance amount. He further clarifies that the huge amount of duty calculated by the department is on account of taking the transfer price as the base price with 15% added to it, which has resulted in such an inflated figure, whereas the transfer price itself included the profit margin earlier and was, further, much higher than the co .....

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..... ing profit to it as per the earlier practice in the absence of any clarification regarding adoption of CAS 4 which was done only later on. Subsequently, they have also paid the differential duty of Rs. 5,97,795/-, which is more than what would be the amount if CAS 4 is applied. As regards the spare parts removed as such the practice adopted by the respondents, it is in conformity with the Board s .....

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