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TMI Blog2017 (2) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant to enable them to defend their case - In the instant case, revenue has failed to do so. In the absence of any reasonable ground for rejection of the Chartered Accountant's certificate, the same cannot be rejected - demand set aside - appeal allowed - decided in favor of appellant. - E/1279/06 - A/85434/17/EB - Dated:- 19-1-2017 - Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) Shri.TC Nair, Advocate for appellant Shri.S.V. Nair, Asst. Comm. (AR) for respondent ORDER Per Raju 1. The appellants, M/s.The Supreme Industries Ltd., were engaged in the manufacture of steel moulds and socketing machines. A show-cause notice was issued to the appellants on 22/11/1993. The appellant had cleared th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out under Rule 6 (b) (ii). A Chartered Accountant s certification was enclosed to the price list filed by the assessee which exhibits the very said disputed elements of costs under the head manufacturing expenses , subsequently, before Commissioner of Central Excise (Appeals), the details were also given by the assessee as to how the costing was arrived. These pleas specifically made however do not appear to have been considered by Commissioner of Central Excise (Appeals). In this view, the Commissioner of Central Excise (Appeals) order on merits of reworking the costs and time bar is not to be upheld. The order is to be set aside and matter remitted to the Commissioner of Central Excise (Appeals) with directions to rehear the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e balance sheet is the profit margin is combined and trading activities. The appellant had sought from the revenue, the basis at which Revenue had arrived at the financial charges, depreciation and profit margin. He argued that the Commissioner has summarily rejected this demand of data. 3. Learned AR relies on the impugned order. 4. We have gone through the rival submissions. 5. We find that the goods manufactured by the appellants are in the nature of capital goods and the same are supplied to the sister concerned. The contention of the appellant that it is a revenue neutral situation and therefore, extended period cannot be raised is not acceptable. The goods are admittedly in the nature of capital goods. At the material time du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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