9911796707
TMI Blog2018 (8) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmission that there are certain bought out items which were cleared as such, the value of sale of those bought out goods should not be added in the aggregate value of clearance for the purpose of SSI exemption. The Adjudicating Authority though given finding in respect of the clearances of 9,32,665/- and 1,19,044/- towards export, but, no specific finding was given in respect of the goods, namely, Spray Drayer valued at ₹ 19,00,000/- cleared vide invoice No. 117 dated 03.03.2008. To ascertain whether this value represent the correct value, it is necessary to find that whether the spray dryer supplied by the appellant is a manufactured goods or it is clearance of bought out goods as such. This aspect needs verification by the adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r exemption in 2008-2009. Alternatively, he submits that even if entire value is taken as aggregate value during the period 2006-2007, some of the clearances are of bought out parts sold as such that should not be considered as clearance of manufactured goods. Accordingly, its value shall be deducted from the overall aggregate clearance value, which the lower authorities have not considered properly. He further submits that the appellants have declared the details of the entire transaction and payment of excise duty in the Invoice No. 126 dated 31.03.2007, the same has been declared in monthly returns. Therefore, there is no suppression of fact accordingly the penalty under Section 11 AC for the penalty on the Director should not be imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e invoice No. 126 dated 31.03.2007 which is for the value of ₹ 6,15,000/- and this invoice shown to have been issued for the value of 29,85,000/-, but, the clearance of the value over and above ₹ 6,15,000/- were made on or after 01.04.2007. In this fact, we are of the view that merely by making payment of excise duty on 31.03.2007 it cannot be said that the goods on which such duty was paid where the clearances of on or before 31.03.2007. Undisputedly, the physically goods were cleared on or after 01.04.2007, therefore, these clearances should be taken in the year 2007-2008. Accordingly, the aggregate value needs to be calculated. However, the appellants heavily made a submission that there are certain bought out items which wer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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