2010 (7) TMI 498

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..... sh Mohan, SDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. - Heard learned advocate for the appellant and learned DR for the respondent. The appellants are engaged in the manufacture of excisable goods, namely, liquid glucose, classifiable under Chapter sub-heading 16702.30.10 of Central Excise Tariff Act, 1985. A show cause notice dated 21-11-2007 was issued to th .....

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..... along with interest and equal amount of penalty against the appellant. The appeal carried against the same did not yield fruitful result as the same was dismissed by order dated 31-3-2009 by the Commissioner (Appeals), Pune. 2. The learned advocate for the appellant drawing our attention to Rule 6 of the said rules submitted that the same has no application to the facts of the case and that .....

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..... earned advocate for the appellant has also placed before us a statement showing clearance of liquid glucose made by the appellant during the relevant period, having packed the said product by using the barrels received by the appellant free-of-cost from the buyers and the excise duty short-paid on the cost of barrels. According to the statement and applying the principle of amortised cost the diff .....

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..... such barrels has to be considered at every occasion of supply of such barrels to the assessee. As legitimately pointed out by the learned advocate for the appellant the entire cost of the barrels cannot be included in the transaction value of every consignment of the liquid glucose sold to the customers by the appellant and one has to work out the per-consignment proportionate cost of such barrel .....

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..... do not disclose anything to doubt the statement by the learned advocate in relation to the calculation of the liability by applying the principle of amortised cost. Being so, the appellant shall be liable to deposit an amount of Rs. 2,75,000/- out of the total amount demanded under the impugned order in terms of Section 35F of the said Act. 8. On deposit of such amount the balance amount dem .....

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