9911796707
TMI Blog2014 (12) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... 2000. - The arguments advanced from both sides, needs to be analysized in detail on the basis of evidences brought on record including the plea whether the demand is barred by limitation. At this stage, it would be difficult to ascertain, whether the amount received by the Applicant is purely on account of liquidated damages or compensation for various losses incurred in relating to the goods on cancellation of contract ; consequently, its includibility as additional consideration in the value of goods cleared. Prima-facie, keeping in view that the matter has been remanded by the Honble High Court for re-consideration, the offer made by the ld.Advocate for the Applicant at this stage, seems to be reasonable. Accordingly, we direct the Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. Commr. Central Excise, Pune I : 2007 (216) ELT 51 (Tri.-Mumbai). The ld. Advocate further submits that all facts including the cancellation of contract, were informed to the Department vide letter dated 19th March, 2003 and the demand was issued to them on 10th October, 2007, therefore, the demand is barred by limitation. However, on the instruction from the Applicant, he makes an offer to deposit 10% of the duty confirmed. 3. The ld. A.R. appearing for the Department, on the other hand, submits that it is not clear from the letter dated 19th March, 2003, whether all facts were brought to the notice of the Department or otherwise. He further submits that the amount received as additional consideration are not as liquidated damages, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. At this stage, it would be difficult to ascertain, whether the amount received by the Applicant is purely on account of liquidated damages or compensation for various losses incurred in relating to the goods on cancellation of contract ; consequently, its includibility as additional consideration in the value of goods cleared. Prima-facie, keeping in view that the matter has been remanded by the Honble High Court for re-consideration, the offer made by the ld.Advocate for the Applicant at this stage, seems to be reasonable. Accordingly, we direct the Applicant to deposit 10% of the duty confirmed within a period of eight weeks from today and report compliance on 22.10.2014. On deposit of the said amount, the balance dues adjudged would ..... X X X X Extracts X X X X X X X X Extracts X X X X
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