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TMI Blog2018 (7) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to maintenance of reconcilation statements of such debits. On audit, discrepancies were noticed for the period from January 1994 to February 1998 and duty of Rs. 39,74,168/- computed on short-levied was deposited under protest on 17th December, 1997. 3. Vide show cause notice dated 12th August 1998, Rs. 45,91,24,705.26 for the period from July 1993 to February 1998 was demanded. The impugned order no.09/COMMR/2006 dated 28th September 2006 of Commissioner of Central Excise, Jamshedpur confirmed demand of Rs. 34,62,23,989.89 under section 11A of Central Excise Act, 1944, alongwith applicable interest thereon, while imposing penalty of Rs. 13,10,18,286/- under section 11AC of Central Excise Act, 1944 and Rs. 22,00,00,000/- under rule 173Q of Central Excise Rules, 1944 on the assessee and penalties of Rs. 10,00,000/- each on three officials. Aggrieved by this order, the appellants are before the Tribunal. 4. Drawing attention to the adjudication order, it is the contention of Learned Senior Counsel that materials collected on verification ordered after conclusion of personal hearing has been used to their detriment without placing them on notice. The invoices for eleven months, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.88 August'94 3051123.97 2356478.65 September'94 5709564.91 2839564.15 October'94 1987507.52 788595.9 November'94 5122849.62 937429.58 December'94 4945229.53 2309366.18 January'95 2326112.45 1953198.23 February'95 2527539.64 483129.53 March'95 6080711.03 6276443.51 April'95 9154227.58 2586499.33 May'95 5628230.31 1050611.25 June'95 16362758.61 706855.03 July'95 7610304.17 0 August'95 6403656.67 0 September'95 6732696.33 0 October'95 5196020.66 312526.32 November'95 6288475.89 519674.85 December'95 5342491.85 0 January'96 11258235.88 207456.75 Febuary'96 4231272.29 33070.6 March'96 9777717.67 691727.38 April'96 1683526.5 331063.4 May'96 1931471.71 251241.45 June'96 3735356.3 277204.77 July'96 3242441.07 1032504.01 August'96 4764705.34 130547.9 September'96(Upto 27/09/1996) 1717681.99 389523.43 Sub-total (A) 215205703.1 56248471.96 September'96(From 28/091996 to 30/09/1996 46928.86 40178.93 October'96 5314295.26 912324.13 November'96 12038005.59 4962025.39 December'96 8987651.48 1183172.05 January'97 10342714.42 2155312.17 February'97 14173243.9 2677484.87 Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -7-2000 for valuation, the concept of 'transaction value' has been introduced. In the concept of transaction value, each transaction is important. Therefore, the transaction value is to be determined for the clearances after 1-7-2000. As far as the period after 1-7-2000 is concerned, the value for assessable purpose is the transaction value. The transaction value is the value for each transaction. The concept of transaction value is entirely different from the concept of normal value. While the normal value can be notional, the transaction value is the actual amount transacted in respect of the goods. Of course, under certain circumstances, the transaction value has to be determined in accordance with the Rules. Anyhow, we would not go into that. Suffice it to say that for all the clearances after 1-7-2000, the value has to be determined based on each-transaction. Therefore, the differential duty should be confined only to the evidences available on record. These are our two observations. Therefore, the Revenue's contention that uniformly for all the clearances, 70% should be added to the invoice value is not accepted. We reiterate our finding to say that for the period prior to 1- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /Tariff Head-wise account as well as the statement of Excess/Shortages based on Wagon Close indicator or similar indicator, relating to a financial year, will be submitted by the stockyards/depots to their Jurisdictional Deputy/Assistant Commissioner of Central Excise by 31st May of the subsequent financial year. A summary of the position for all the Stockyards/Depots would be made plant-wise and sent to the respective plants for submission to the plants Jurisdictional Range office within 45 days (i.e. by 15th July). In case there is any net excess quantity, the plants will make the excise duty payment at the rate of duty existing on the last day of that financial year or that the highest rate prevalent during the year under consideration indicating inter alia the payment pertaining to each stockyard/depot, to their Jurisdictional Excise authorities by 30th July through TR-6/PLA. However, in respect of products where there is a net shortage, no refund claim would be made by the plants. The net shortages, including the duty receipt balance, will be carried forward by the stockyards/depots for adjustment against the excess of subsequent years of the same Tariff Head. 2.5 As the di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Rs. 4,82,79,280/-, the duty paid on shortage is Rs. 6,51,55,344/-. In other words, the appellants have paid duty of Rs. 1,68,76,064/- in excess. If the principle enunciated in Board Circular is followed, the appellants would be entitled to carry forward the excess payment. In view of our observations, there is no justification for imposing any penalty. We hold that the Board's circular is applicable even to the present case and the excess and shortage have to be adjusted. Therefore, we set aside the order and remand the matter to the original authority for applying Board circular and determine the liability. In case there is excess payment of duty, the same should be carried forward for the subsequent year. Thus we dispose of this appeal by way of remand.' 8. Learned Authorised Representative contends that there is no provision in law for adjustment of excess duty paid against dues. The appellant had not exercised its option to claim refund of excess tax paid and was liable to make good any short fall any short fall in duty paid. Furthermore, it is his contention that the adjudicating authority has rendered detailed findings after thorough scrutiny of all the documents, return ..... X X X X Extracts X X X X X X X X Extracts X X X X
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