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TMI Blog2019 (11) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with law. It is an admitted fact that the CAS-4 statements, submitted during the course of adjudication, were not tested for its validity and in the light of the referred circular should have been the basis for assessment to duty. Having failed to do so, it is necessary that this deficit must be rectified. Matter remanded back to the original authority to consider the several claims of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The duty of ₹ 1,01,74,106/- and ₹ 3,51,76,249/- ordered to be recovered under section 11A of Central Excise Act, 1944 and the imposition of like amount as penalty under section 11AC of Central Excise Act, 1944 is under challenge. The goods impugned are semi-finished PVC compound and PVC sheet supplied to their own manufacturing units for cables and wires at Urse, Pimpri, Goa an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year as a block would not reflect the actual cost of production. It is also contended that the legislature had not intended any such time interval to be the basis for such an ascertainment. It is further submitted that, with year-to-year computation, the excess payments in certain months should be adjusted towards the deficit in other month. The further claims of revenue neutrality and of lack of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal in Hindustan Copper Ltd v. Commissioner of Central Excise, Bhopal [2005 (191) ELT 665 (Tri.Del.)] and circular no. 692/8/2003-CX dated 13th February, 2003 of Central Board of Excise Customs. 5. We take note that the said circular has laid down the computation of clearance for captive consumption to be covered by CAS-4 for determination of the cost. The arbitrary loading of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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