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TMI Blog2013 (9) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Commissioner has dealt with the above contention of the applicant and from para 4.26 it is clear that the appellant had not submitted Unit Trail Balance sheet for the relative period. The contention is that the Ld. Commissioner has dealt with each and every CAS-4 service at length. 5. We find that Ld. Commissioner vide para 4.26 and 4.27 of his order has found as under: "On going through the Cost Certificates in CAS-4, submitted by the assessee, the following gross irregularities and deviations from the accepted accounting principles have been found, as given below. (i) The cost of production (excluding the material cos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind that in the said CAS-4 Certificates, a single consolidated period, i.e. 01.04.1997 to 29.4.1999 has been wrongly consolidated to ascertain the overhead costs for arriving at cost of production of different capacities of Cryogenic Vessels, although the Cryogenic Vessels in question had been manufactured and cleared from the factory of Plant Manufacturing Works, viz. the assessee in the present case, in different periods, out of the periods, as mentioned above. The CAS-4 Certificate of the assessee for Vessel VIE 7 KL, manufactured and cleared during the October 1997 to March, 1998, indicates overhead costs as 46.371% of the material cost of the product. Thus, the percentage of overhead cost on the material cost has been wrongly consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the above periods fall within the same accounting period, i.e. 12 months ended December 2008. (iv) in terms of accounting principles, the cost incurred toward wages & Salaries is a fixed cost whereas following devitations from the above accounting principle in respect of apportioning Direct Wages and Salaries to arrive at the cost of production of the impugned Vessels have been found from the assessee's Cost Sheet (CAS-4 Certificates):- Description of goods Period of production and clearance Salary and Wages (as shown in assessee's CAS-4 (Certificate) (in RS.) Vessel VIE 11.45KL Vessel VIE 11.45KL September 1997 May, 2007 to December, 2007 1,33,976.00 1,05,208.00 Vessel VITT 13KL Vessel VIE 14KL Vessel VITT 19KL Septemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Ld. A.R. that the Ld. Commissioner has given discrete findings in respect of each and every CAS-4 filed by the applicant. The Ld. Commissioner has also dropped the demand of Rs.1.91 crores out of total demand in this case amounting to Rs.2,58,27,315.00, wherever, there was discrepancy. In these circumstances we find that the applicants are not able to make out a prima facie case of total waiver of duty imposed on them. The applicant did not plead financial hardship. We find that in the case of Commr . of Central Excise, Guntur Vs. Sri Chaitanya Educational Committee-2011 (22) STR 135 (AP) , it has been decided that not only financial hardship but balance of convenience has also to be seen. The balance of convenience is in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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