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TMI Blog2011 (4) TMI 1122X X X X Extracts X X X X X X X X Extracts X X X X ..... nsurance policy to cover the risk of accidents to the vehicle as well as the person, certainly would be a part of the salary paid to the employees. Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the employer to keep the factory without contravening any of those laws. That apart, now the concept of corporate social responsibility is also relevant. It is to discharge a statutory obligation, when the employer spends money to maintain their factory premises in an eco-friendly, manner, certainly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Rule 2 (1) of the Cenvat Credit Rules, 2004. Therefore, they called upon the assessee to reverse those entries and in default to pay the excise duty. When, the assessee objected to the same, the same was over ruled and a demand for a sum of Rs. 4,85,562/- was raised which was payable with interest and penalty. Aggrieved by the same, the assessee preferred an appeal to the Commissioner of Central Excise, who upheld the order of the Assessing Authority except in respect of transportation charges. In respect of the said transportation charges, he remanded the matter back to the Assessing Authority. It is also on record that the credit towards Internet services was not availed by the assessee and therefore, those claims were deleted. Aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailed by the assessee in respect of which the assessee as claimed, met the tax liability? 5. CAS-4 Standards reproduced in the decision of the Tribunal in the case of CCE v. GTC Industries Ltd. [2008] 17 STT 63 (Mum. - CESTAT) (LB) wherein all the elements of costs which are required to be included in the costing of final product have been enumerated. The relevant portions reads as under:- "4.1. Cost of Production: Cost of production shall consist of material consumed, direct wages and salaries, direct expenses, works overheads, quality control cost, research and development cost, packing cost, administrative overheads relating to production. To arrive at cost of production of goods dispatched for captive consumption, adjustment for stoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y paid to the employees. Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the employer to keep the factory without contravening any of those laws. That apart, now the concept of corporate social responsibility is also relevant. It is to discharge a statutory obligation, when the employer spends money to maintain their factory premises in an eco-friendly, manner, certainly, the tax paid on such services would form part of the costs of the final products. In those circumstances, the Tribunal was righ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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