9911796707
TMI Blog2013 (11) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... of the cost of the product - the applicant has adopted the CAS-4 method - For the year 2005-2006 and 2007-2008, the difference in the assessable value was around 57.39 Lakhs and 36.71 Lakhs respectively in comparison to the value arrived at by the applicant, whereas for the years 2006-2007, 2008-2009 and 2009-2010, the applicant has paid duty on the excess value of Rs.3.13 crores, 2.3 crores and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC of CEA, 1944. 2. At the outset, the Ld. Company Secretary Shri Rajesh Mittal appearing for the applicant has submitted that their authorized representative Mr. Dinesh Jha is in disposed. He has been authorized by the appellant M/s. Apex Auto Ltd. to present the case before this Tribunal. He undertakes to file the authority from the appellant. Ld. Company Secretary submitted that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at later the Department has referred the matter to the Assistant Director (Cost) who has determined the assessable value for the respective year by adopting CAS-4 method and taking into consideration the cost of various overheads arrived at the value as shown at page 35 of the appeal paper book. It is his submission that for the years 2005-2006 and 2007-2008, there was a marginal increase in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered, while arriving at the total duty liability of the applicant for the entire period. 4. Heard both sides and perused the records. We find that the present issue relates to determination of assessable value on semi-finished Excavators, manufactured and cleared by the Applicant to their sister concerns for further manufacture on their behalf. The assessable value has been determined on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny reason why the excess duty paid during 2006-07, 2008-09 2009-10 should not be adjusted for the period where duty has been short paid. In our view, the applicant could able to make out a prima facie case for total waiver of dues adjudged and accordingly all dues adjudged is waived and its recovery stayed during the pendency of the appeal. S.P. allowed. (Dictated and pronounced in the open co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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