2018 (2) TMI 64

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..... t the said reason cannot be validly held against levy of excise duty. Excise duty is on goods manufactured and cleared and is not upon realization of sale proceeds - Commissioner records that these debit notes were in fact fictitious in nature and were issued only to show higher turnover, for some other purposes. When the debit notes themselves were held to be fictitious, we find no valid excise d .....

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..... The Revenue proceeded to demand and recover the differential excise duty attributable to such debit notes holding that engineering charges should form part of assesseable value of the goods cleared by the respondent. The original authority confirmed the demand of ₹ 12,36,840/- (Rupees Twelve Lakhs Thirty Six Thousand Eight Hundred and Forty only) and imposed equivalent amount of penalty und .....

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..... subjected to excise levy. 3. We have heard the learned AR for Revenue. None appeared on behalf of the respondent, despite notice. We find that the impugned order held that there is no evidence of realization of amount towards debit notes. We find that the said reason cannot be validly held against levy of excise duty. Excise duty is on goods manufactured and cleared and is not upon realization .....

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