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TMI Blog2015 (7) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... ants. - Considering rescinding of the Board’s circular dt. 29.9.2004 and also taking into consideration Tribunal’s order (supra), prima facie, appellant has made out a case for waiver of predeposit of entire demand. Accordingly, waiver of predeposit and stay of recovery is granted during pendency of appeal - Stay granted. - E/S/41255/2014, E/S/41256/2014 in E/41010/2014, E/41011/2014 - MISC ORDER No.40890-40891/2015 - Dated:- 23-6-2015 - Shri R. Periasami and Shri P.K. Choudhary, JJ. For The Appellant : Shri K.S. Venkatagiri, Advocate For The Respondent : Ms. Indira Sisupal,AC (AR) ORDER Per R. Periasami The appellant filed applications for waiver of predeposit. Both the stay applications are arising out of commo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DTA unit whereas the department enhanced the value by adopting Rule 8 read with CVR. The LAA has relied upon Board s circular No.268/85-CX-8 dt. 29.9.94 whereas we find that said circular has been withdrawn by the Board vide circular No.933/23/2010 dt. 16.8.2010 and also considering the Tribunal s decision in the case of Nagreeka Exports Ltd. Vs CCE Pune (supra), we find that issue stands decided in favour of appellants. The relevant paragraph of the above cited decision is reproduced as under:- 11. As regards the issue relating to valuation for the purpose of charging duty, the learned Jt. C.D.R. has raised a question that this point was not raised at the earlier stages during adjudication and appeal proceedings. However, as contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of Asian Peroxide or in the Boardss Circulars mentioned therein. It is also not correct to contend that the concept of cum-duty-price is not recognized under the Customs Valuation Rules. In fact, Interpretative Note to Rule 4 contained in the Schedule to the Customs Valuation Rules makes it clear that value shall not include duties and taxes. By implication, if duties and taxes have not been realized separately, the sale price has to be treated as cum-duty price and duties and taxes have to be deducted to arrive at the assessable value. We are, therefore, of the opinion that the matter needs to be remanded to the Dy. Commissioner for considering the total amount received by the appellants from DTA sale as the cum-duty-price and to r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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