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TMI Blog2018 (10) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of Section 4(A) of the Act, the assesseable value is to be arrived by adding 35% to the cost of the product. As MRP was not available during the course of investigation, therefore, the matter needs examination at the end of the adjudicating authority to arrive the correct assessable value. Extended period of limitation - Held that:- As Revenue has not challenged the impugned order, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 4 of the Central Excise Act, 1944 and audit was conducted in the year 2007 and audit directed to the appellant to make the payment of duty in terms of section 4(A) of the Central Excise Act, 1944, and directed to make a deposit of certain amounts on account of under valuation in terms of Section 4(A) of the Central Excise Act, 1944. The appellant paid certain amount on 29.11.2007 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that although the appellant were paying duty under Section 4 of the Act, but in terms of Section 4(A) of the Act, the appellant is paying duty in some cases more and in some cases less as per the cost of production arrived by the Cost Accountant. He further submits that as per the formula, they are required to arrive the assessable value in terms of Section 4(A) of the Act, i.e. cost of goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Commissioner (A) dropped the penalty against the appellant. Therefore, demand pertains to the extended period of limitation are not sustainable. 4. On the other hand, the ld. AR supported the impugned order and submits that if the contention of the appellant has been taken correct, in that circumstances, also the appellant is required to pay differential duty in terms of Section 4(A) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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