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TMI Blog2018 (8) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... correct and the same needs to be set aside. Since the demand has been found liable to be set aside the interest and penalties do not survive either. The demand confirmed in the Orderin- Original and the interest and the penalties imposed are liable to be set aside - Appeal allowed. - Appeal No. E/480- 482/2009 - Final Order No. A/30802-30804/2018 - Dated:- 1-8-2018 - Hon ble Mr. M.V. Ravindran, Member (Judicial) And Hon ble Mr. P. Venkata Subba Rao, Member (Technical) Shri R. Muralidhar, Advocate for the Appellant Smt. B.V. Siva Naga Kumari, Commissioner (AR) for the Respondent ORDER [ Order Per : P. Venkata Subba Rao ] All these appeals are directed against the Order-in- Original No. 04/2009 passed by Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... num. 4. Thus, they were two kinds of allegations in the show cause notice namely, a) that M/s PPL and assessee had related parties and b) that M/s PPL had incurred some expenditure on behalf of the assessee which should form additional consideration for sale. However, at the end, demand was raised as per the annexure in the show cause notice taking the price at which M/s PPL sold the chairs to the customers as the assessable value. Therefore, duty was demanded on the difference between price in which the assessee sold to M/s PPL and the price in which M/s PPL sold to their customers. There is no demand in the show cause notice on account of additional consideration for sale. 5. After the first round of litigation, the matter was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional consideration for sale. Thus, he held that i) insurance charges on the machinery paid by M/s PPL; and ii) difference between annual interest on loan paid or payable by M/s PPL on the purchase of machinery and the lease charges paid by the assessee to M/s PPL should be considered as additional consideration for sale. He held that the additional consideration for sale was ₹ 60,43,120/- and confirmed the duty thereon of ₹ 3,77,695/-. 6. Therefore he confirmed a demand of ₹ 3,77,695/- along with interest and imposed penalties on the assessee as well as personal penalty of ₹ 10,000/- each on Shri K. Saraswati, Executive Director of the assessee Shri G.S.Prasad Manger of the assessee and Shri Bhupesh B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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