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TMI Blog2014 (7) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ran, Additional Commissioner (A.R.), for the Respondent. ORDER Heard both sides. 2. Applicant filed this application for waiver of pre-deposit of duty of Rs. 35,94,960/-, interest and penalty. Applicant had already paid an amount of Rs. 10,00,000/-. The demand is for the period January, 2009 to June, 2009. The applicants are 100% EOU. During the period in dispute, the applicants cleared th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt for profit usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to India. 5. The contention is that during the period in dispute, unit was under losses therefore there is no question of adding the notional profit to the goods cleared to sister concerns in DTA. In respect of the denial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he condition of Notification. 7. The Revenue arrived at assessable value of goods as per the verification done by the Deputy Director (Cost) CE Pune-I. The Deputy Director (Cost) in his report dated 1-2-2010 find that applicants are not taking in consideration the Selling and Distribution Expenses, and fixed overhead expenses, while arriving at the assessable value of goods. 8. Further ..... X X X X Extracts X X X X X X X X Extracts X X X X
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