9911796707
TMI Blog2018 (5) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... s have been made RUD in the show cause notice - Further we find from the copy of cost statement duly certified by the Chartered Accountant, have been annexed by the appellant - assessee in the appeal paper book, wherein it is demonstrated that the conversion charges received by the appellant from Kanoria Chemicals includes element of profit as their costing for each Financial Year is less per M.T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead with Section 11AC of the Act further read with Rules 6 and 11 of Central Excise Valuation Rules, 2000. 2. Show Cause Notice dated 10/04/2008 was issued, alleging that the appellant under agreement with Kanoria Chemicals Industries Ltd. is manufacturing Chlorinated Paraffin Wax (CPW) and Hydrochloric Acid (HCL) under job contract agreement with effect from 18/05/1999. The agreement int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04/2003 and have thus short paid Central Excise duty. Accordingly from perusal of the details of turnover and clearance provided by the appellant for the period 14/04/2003 to 31/03/2007, it appeared that Central Excise duty to the tune of ₹ 1,28,63,532/- has been short paid during the said period. It is further alleged that appellant were well conversant about the fact that the margin of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CX dated 19/02/2002. It appeared to Revenue that the said contention is not tenable as the appellant on and after 14/04/2003 is not adding 15% profit element separately. 3. The SCN was adjudicated on contest and the aforementioned demand confirmed. Being aggrieved the appellant - assessee is before this Tribunal. 4. Heard the parties. 5. Having considered the rival contentions, we find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en annexed by the appellant - assessee in the appeal paper book, wherein it is demonstrated that the conversion charges received by the appellant from Kanoria Chemicals includes element of profit as their costing for each Financial Year is less per M.T. than the conversion charges received per M.T. In this view of the matter, we find that the show cause notice is vague and at the same time misconc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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