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TMI Blog2013 (1) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... f of the assessee that the amount charged being not for manufacturing activity is not liable to be included in valuation of final products. Therefore, demand confirmed by the lower authority by invoking extended period on limitation, cannot be sustained. In favour of assessee - E/2792 & 2779/2006 - A/869-871/2012-WZB/AHD - Dated:- 25-6-2012 - S/Shri M.V. Ravindran, B.S.V. Murthy, JJ. REPRESENTED BY : Shri Rajendra Nagar, AR, for the Department. Shri Hardik Modh, Advocate, for the Assessee. [Order per : M.V. Ravindran, Member (J)]. Both appeal No. E/2792/2006 and No. 2779/2006 were heard. These two appeals are filed against the Order-in-Appeal No. 103/2006 (Ahd.-I), dated 22-6-2006. The appellant assessee has filed a cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed on the assessee appellant Rs. 50,000/- under Section 11AC of Central Excise Act, 1944, the assessee appellant is aggrieved such an order and has challenged the confirmation of demand of Rs. 1,45,902/- and interest thereof and also the penalty imposed by the first appellate authority, while revenue s appeal is against the said order for non-imposition of equivalent amount of penalty under Section 11AC of Central Excise Act, 1944. 5. The ld. D.R. would take us the decision in the order-in-appeal and submit that appellant is liable to pay the amount of penalty equivalent to the duty confirmed by the first appellate authority. It is his submission that the first appellate authority have erred in coming to the conclusion by reducing the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant of not including the amount of engraving charges in the value assessed of finished goods cleared by them, we find that the statement recorded by the Revenue authority from Shri Haresh Gobindram Gehani, Office Superintendent, specifically states that no manufacturing work of screens is undertaken in their factory and hence question of disclosing of the same to excise authorities did not arise. He also stated that they are purchasing screens and get the same engraved on behalf of the suppliers of the grey fabrics and the amount that has been received for the work of engraving and developing charges, are actual charges. In our view, the statement of Office Superintendent lends credence to the bona fide belief of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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