9911796707
TMI Blog2018 (10) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be taken into account. This clearly tells us that the entire excise duty is required to be deducted which does not appear to have been done by the assessee at the time of projecting the value addition. Similar mistakes in calculation also appear to be happened in respect of Cleaning Preparation also - The other misgiving recorded by the Commissioner is that the finished goods stock, lying with the various C&F Agents across India has also not been taken into account. The matter value addition is required to be re-worked out by the Adjudicating Authority, after taking into account the certificate submitted by the appellant, subsequent to passing of the impugned orders - Appeal allowed by way of remand. - E/260 & 261/2010 - ORDER NO. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner before 30th September in a financial year supported by necessary documents including certificates from statutory auditors supporting the claim of value addition. The dispute in the present case is pertaining to the claim made by the assesse for fixation of special rate for the financial year 2007-2008 as well as 2008-2009. The applications made by the assessee, in respect of both the units were rejected by the ld. Commissioner vide the impugned orders. Aggrieved by this decision the present two appeals have been filed. 2. With this background we heard Shri Harsh Shukla, CA for the appellant as well as Shri K.Choudhari, ld.DR for the Revenue. 3. Ld. CA submitted that: The main reasons cited by the Adjudicating Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e duty amount is deducted from the sales value while calculating the value addition, the value addition in the present case comes down only from 71.8% to 68.5% in respect of repellants in Unit-IV. In this connection he further submitted that there is a miscellaneous amount shown as deducted amounting to ₹ 68,676/- which he concedes. In this connection he submitted that the figures of total excise duty payable, refund as well as Miscellaneous Debit amount have been submitted to the Department duly certified by the statutory auditors. In any case the Commissioner should have allowed the special rate at least to the extent of 68.5%. (c) The Commissioner has also observed that in the calculation the assessee has paid the tax taking int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms. The assessee have submitted applications for fixing of special value addition in terms of para 2.1 of the notification granting area based exemption vide Notification No.32/99-CE dated 08.07.1999. The applications have been rejected by the adjudicating authority on certain grounds. 6. The first ground is that the assessee have not deducted Indirect Taxes other than excise duty. The further dispute is that the entire value of excise duty has not been deducted, but only the net excise duty. The Notification vide Explanation to para 4 specifies that to determine the actual value addition, the sales value of the goods excluding excise duty/vat/other indirect taxes, if any, paid on the goods, should be taken into account. This clearl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
