9911796707
TMI Blog2011 (2) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... al in the case of M/s. Reliance Industries and by majority order as reported in (2009 -TMI - 75546 - CESTAT, AHMEDABAD), it was held in favour of the assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... alued their products by not showing the correct value of the goods. This is nothing but a clear intention to evade duty. The Government has made clear provisions in terms of Section 4 of the Central Excise Act, 1944, which clearly envisage the circumstances under which it will be considered as additional consideration gained in addition to the value of the goods. On procurement of advance licence, the assessee knew that they were taking the benefits of that licence, they should have assessed the goods accordingly. Instead, the assessee had not added that extra benefit in the assessable value as provided under Section 4 of the Act. These facts have came to knowledge of the department only at the time of audit of the records by the audit part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate that the demand is hit by the bar of limitation. As a part of the demand which is within limitation period, already stand deposited by the appellant along with interest, we dispense with the condition of predeposit of balance amount of duty and entire amount of penalty. 4. We also, prima facie, agree with the learned advocate on the issue of revenue neutrality. The adjudicating authority while considering the above aspect, has observed as under : "(17) They have further argued that there is no question of evading duty as the subject clearances were fully exempted under Notification No. 44/2001-C.E. (N.T.), dated 26-6-01 issued under Rule 19 of Central Excise Rules, 2002 and refund of terminal excise duty under the cate ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
