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TMI Blog2011 (1) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... stood as a green signal for blindly accepting the Chartered Accountant’s certificates - should have been read with the applicable provisions of law and the facts and circumstances of the case - Appeal is allowed by way of remand to Commissioner - E/1518/2004 , E/296/2005 - A/92-93/2011-WZB/C-II(EB) - Dated:- 20-1-2011 - S/Shri P.G. Chacko, Sahab Singh, JJ. REPRESENTED BY : Shri A.K. Prasad, JCDR, for the Appellant. Shri Aqeel Sheerazi, Advocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. Having found that the issue involved in appeal No. E/1518/2004, which does not figure in today s cause list, is similar to the one involved in the present appeal No. E/296/2005, and also that the respondent in both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 4A of the Act as well. This bench took the view that the valuation issue required to be re-examined in the light of the above circular. Accordingly, appeal No. E/529/2003 was allowed by way of remand and the Commissioner was required to take fresh decision in the light of the above circular and after considering the Chartered Accountant s certificates produced by the assessee. 3. The Commissioner s order impugned in the present appeal No. E/296/2005 was passed in pursuance of the above remand order and in adjudication of a total number of 9 show-cause notices, 4 of them together covering a period subsequent to the period of dispute involved in the remanded case. The learned Commissioner dropped the proceedings. Hence the present a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) is amortised and included in the cost of products to be assessed under Section 4A, the question of adding any further amount towards such cost does not arise except where audit of accounts reveals that the cost of reusable containers has not been amortised and included in the value of the product. In both the impugned orders, the learned Commissioner considered the Board s clarification and proceeded to hold that, as per the Chartered Accountant s certificates produced by the assessee, the cost of reusable containers was amortised and included in the cost of Bisleri water and hence there was no question of including the refundable deposits collected from ultimate consumers, in the MRP of the product. We have also perused a sample of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and included in the MRP of the product, before taking a view in favour of the assessee. Before us, the learned JCDR and the learned counsel have also agreed on the applicability of Section 14A of the Act to the peculiar factual situation obtaining in this case. The remand order passed by this bench was not to be understood as a green signal for blindly accepting the Chartered Accountant s certificates. It should have been read with the applicable provisions of law and the facts and circumstances of the case. Therefore, we are constrained to allow both these appeals by way of remand, with a request to the Commissioner to pass fresh speaking orders on the valuation issue after taking such measures as indicated herein and giving the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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