9911796707
TMI Blog2012 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... which the basis of demand, was received by the respondent against the clearance of the goods manufactured as assessee admittedly explained the receipt of aforesaid amount as advance for development/purchasing tools as per specification of the customer - order in original confirming demand is without any basis is set aside - in favour of assessee. - Central Excise Appeal No.1441 of 2012 - Final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not sustainable in law and liable to be set aside. 2. We do not find any merit in the contention of the learned A.R. 3. Section 3 of the Central Excise Act, 1944 deals with levy of excise duty. The relevant part of Section 3 is reproduced thus: SECTION 3. Duties specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 to be levied. (1) There shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with valuation of excisable goods for the purpose of charging duty of excise. The relevant part thereof is reproduced thus: SECTION 4.?Valuation of excisable goods for purposes of charging of duty of excise. - (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall - (a) in a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e out of place to mention that admittedly, the assessee explained the receipt of aforesaid amount as advance for development/purchasing tools as per specification of the customer. No enquiry in this regard was done by the Department to verify the correctness of the explanation. Therefore, we are of the view that order in original confirming demand is without any basis and the Commissioner (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
