9911796707
TMI Blog2014 (5) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... d been finalized, a copy of the final assessment order would be available with the department for the impugned period. Since at the relevant time the assessments had to be done by the Range Officer. No such evidence is forthcoming from the Revenue in this regard - In the absence of any such evidence, the benefit of doubt has to be given to the assessee. The imposition of penalty when the assessments were provisional at the time of finalization based on the verification done by the Assistant Director (Costs) is clearly unsustainable - penalty set aside - however, the demand confirmed in the impugned order is upheld as the assessment is not disputed - appeal allowed in part. X X X X Extracts X X X X X X X X Extracts X X X X ..... ho made certain modifications in the cost data taken by the appellant. These pertain to the material cost based on purchase bills, labour cost taken from the pay roll of the company, overhead costs from the balance sheets of the company for the respective years and profit margin. Based on this, the Assistant Director (Costs) came to the conclusion that there was a short payment of duty to the extent of ₹ 19,61,703.42. The said report of the Assistant Director (Costs) was accepted by the adjudicating authority and has been now confirmed. Inasmuch as the assessments were provisional, the question of imposing any penalty at the time of finalization would not arise at all. Reliance is placed on the decision of this Tribunal in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2), which were proposed in the show-cause notice and therefore, orders as deemed fit be passed in respect of the proposals made in the show-cause notice. 5. We have considered the submissions made by both the sides. 5.1 Both the Revenue and the appellants do not dispute the duty demands confirmed by the adjudicating authority in the impugned order. The only question is with regard to the imposition of penalty. From the records, it is seen that the appellant had claimed that the assessments were provisional as the price lists had not been finally approved and the assessments had not been completed. As per the Revenue, in a writ petition filed before the Hon'ble High Court, the appellant had stated that all the price lists filed by them upt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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