9911796707
TMI Blog2017 (12) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... are upheld as the same are not being challenged in the present proceedings - appeal allowed - decided in favor of appellant. - E/20576/2015-DB - Final Order No. 22992 / 2017 - Dated:- 12-12-2017 - Shri S. S. Garg, Judicial Member And Shri V. Padmanabhan, Technical Member Mr. Harish Bindu Madhavan, Advocate For the Appellant Mr. Madhupsharan, AR For the Respondent ORDER Per : V. Padmanabhan The present appeal is filed against the Order-in-Original No.27/2014 22.12.2014. The appellant is engaged in the manufacture of slurry pumps, parts of pumps, walls, etc., under Chapter 84 of the Central Excise Tariff Act, 1985. The dispute covers the period April 2010 to December 2010. During the course of audit of the records o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also not being disputed in the present proceedings, however, the appellant challenges the penalty imposed on them. It is his contention that since the differential duty along with interest stands paid even before the issue of show-cause notice, there is no justification for imposition of penalty. He relied on the following case laws to support his arguments. Nirlon Ltd. vs. CCE, Mumbai: 2016-TIOL-96-SC-CX Taking the ground of revenue neutrality, he cited the decisions rendered in the case of Jay Yuhshin Ltd. vs. CCE: 2002-TIOL-126-CESTAT-DEL-LB and DIC India Ltd. vs. CCE: Final Order No.78376/2017 dated 1.12.2017 4. The learned DR defended the impugned order. 5. After hearing both sides and perusal of records, we find t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant, where the final product, printing ink, is manufactured and cleared. There is no dispute about the fact that the concentrate for printing ink has also been manufactured using the technology transferred by M/s. DIC Inc., Tokyo, Japan. Hence, we are of the view that the Royalty should form part of the costing of the goods cleared from the appellants factory. But the appellant has claimed that any differential duty, even if paid at the appellant s factory, will be available as CENVAT credit at the downstream factory where concentrate are used to manufacture of printing ink. Further, since concentrate is transferred to their own factory, it has been claimed that this is a revenue neutral situation. 7. We find considerable fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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