2017 (6) TMI 887

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..... e the department of any such receipt and also to pay the duty - penalty upheld - appeal dismissed - decided against appellant.
SHRI S.S GARG, JUDICIAL MEMBER Shri Manoj Pillai, Advocate, Taxaide T C, For the Appellant DR. J. Harish, AR, For the Respondent ORDER Per: S.S GARG The present appeal is directed against the impugned order dated 24.3.2015 whereby the Commissioner (A) has rejected the appeal of the appellant. 2. Briefly the facts of the case are that the appellants are manufacturers of ACSR cables for Kerala State Electricity Board (KSEB) regularly availing the price escalation clause agreed with their customer and pay excise duty on such amounts received. The Department conducted the audit of the accounts of the appellant .....

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..... ies and perused the records. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law. He further submitted that there is no intention to evade payment of duty and the Department was aware of the facts that the appellant used to get additional consideration from KSEB on account of price variation clause and whenever appellant gets such additional consideration, appellant used to pay excise duty on such receipts and used to show the same in their books of accounts. He further submitted that there is no Rule in the Central Excise Act or any provision in the Central Excise Rules which mandates the assessee to intimate the Central Excise department about the receipt of additional consideration received u .....

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..... he assessee to intimate the department of such receipt, and also top any duty on the same. The assessee claims that whenever they receive additional consideration, they pay duty on the same, but they have not adduced any reason for not doing so in the present instance; the appellant has put forth an argument that they had accounted the receipt of the additional consideration in their balance sheet and P & L Account. Mere accounting of the particualrs in the P & L and Balance Sheet account without mentioning the same in ER1 return cannot be construed as a voluntary disclosure. The range officer noticed some discrepancy in the ER1 returns and in order to verify the same, called for records including audited accounts and balance sheet. The ano .....

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