9911796707
TMI Blog2018 (6) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... cts of the case are that the appellant is engaged in the manufacture of motor vehicles for transportation of goods, body of motor vehicle which attract Central Excise duty as per Central Excise Tariff Act, 1985. The appellant is a job worker for M/s. Volvo Eicher Commercial Vehicles Ltd. Volvo supplies chassis and other material to the Appellant for manufacture of motor vehicle parts. The appellant availed cenvat credit of duty paid on chassis and other raw materials recovered from Volvo. During the period in dispute, the appellant was clearing finished goods i.e. motor vehicles manufactured on job work basis for Volvo to various depots of Volvo for further sales to independent buyers. The appellant after the job work, paid the Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty in some months as well as excess payment in other months. The appellant has already paid the excess duty wherever the value as per CAS-4 is more than the value adopted for payment of duty, but after adjusting the excess paid duty in other months. Such adjustment has not been permitted by the adjudicating authority even in the denovo adjudication. 8. We are of the view that the stand taken by the adjudicating authority is untenable. An identical issue has been considered by the Tribunal in the case of Essar Steel India (supra), in which the Tribunal observed as follows:- "5. We have heard both the sides and perused appeal records including written submission. The admitted facts of the case are that there is no sale of iron ore conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inciple that time of removal is relevant and, hence, annual costing is not tenable, is unsustainable. The fact remains that while the duty liability has to be discharged at the time of removal of excisable goods in a situation where there is no sale transaction and known value, the deemed transaction value has to be constructed based on costing method which necessarily will involve an averaging of cost for a period, considering all the parameters. It is neither the case of the appellant nor there is such an approved standard for arriving at cost of excisable goods for each individual clearance. 7. Now, the question remains when at the time of each clearance of excisable goods for captive consumption the exact transaction value could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct is always for a period and computed on the basis of actual accounts of the company. The costs so determined should be actual cost reconciled with the audited accounts of the company after the accounts for the period is audited. 9. On perusal of the guidelines by the ICAI, we find while arriving at costing based on CAS-4 the correct method will be to determine the same based on actual audited data as per the accounting year of the company. To that extent we find the CAS-4 cost price arrived at on annual basis by the Revenue is correct procedure. 10. The next issue for decision is on the quantification of differential duty. Even though there is no provisional assessment in the present case, the duty determination on the inter-unit tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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