9911796707
TMI Blog2017 (10) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... all ingredient of non issuance of show cause notice such as appellant on their own ascertainment paid duty alongwith interest and intimated to the department. Therefore the appellant have made a fit case to invoke Section 11A(2B). Whether CVD amount should be included in the cost of final product? - Held that: - appellant have availed Cenvat credit in respect of CVD therefore it cannot be said to be a cost of final product - In the case of Dai Ichi Karkaria Ltd [1999 (8) TMI 920 - SUPREME COURT OF INDIA], Hon’ble Supreme Court clearly held that element of excise duty on which Cenvat credit was availed is not includible in the value of the manufactured goods - demand set aside. Appeal allowed in part. - E/937/07 E/CO-94/07 - A/89675- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufactured goods, they paid differential duty, on the basis of custom duty. However, they have not paid the differential duty on the element of CVD for the reason that same was available as Cenvat credit. The case of the department is that entire custom duty should be included in the assessable value and demand of excise duty on the element not only on custom duty but also CVD, was raised in the show cause notice and penalties and interest was proposed. The adjudicating authority confirmed the demand and appropriated the differential duty attributed to basic customs duty. Being aggrieved by the order-in-original appellant filed appeal before the Commissioner(Appeals) who also upheld the order of the original authority and rejected the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h and every case, the same can be imposed only when there is intention of assesse to evade payment of duty. He submits that it is not the case that the appellant have disputed the valuation as regard the inclusion of basis custom duty in the assessable value of transformer and admittedly paid duty therefore penalty under Section 11AC is not imposable. 3. On the other hand, Shri. S.V. Nair, Ld. Asstt. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both sides and perused the record. 5. We find that from the facts of the case, it is absolutely clear that appellant have not undervalued the goods, initially valuation was arrive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section shall apply in a case where the duty was not levied or was not paid or was short-levied or was short-paid or was erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty. Explanation 2. For the removal of doubts, it is hereby declared that the interest under section 11AB shall be payable on the amount paid by the person under this sub-section and also on the amount of short-payment of duty, if any, as may be determined by the Central Excise Officer, but for this sub-section.] 72 Explanation 3. For the removal of doubts, it is hereby declared that no ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
