9911796707
TMI Blog2022 (8) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... it observed that the assessee had adopted the valuation in respect of their finished goods cleared to depot at Gaziabad Branch on the basis of transaction value under Section 4 (1)(a) of the Central Excise Act, 1944 instead of Rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 as amended. 2. The Appellant immediately accepted their default and paid the entire amount of Central Excise duty to the tune of Rs.4,80,276/- on 26.03.2015 along with interest of Rs.1,10,263/-. Subsequently, Show-cause notice dated 10.06.2016 was issued to the Appellant, which was adjudicated by Order-in-Original dated 22nd December, 2017. 3. The Appellant filed appeal before the Ld. Commissioner (Appeals) for setting asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1994 read with Rule 9 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. 5.1 After giving careful consideration to the submissions, I am of the view that in the peculiar facts and circumstances of this case, the plea for vacating the penalty is tenable. The substantive dispute between the Department and the Assessee revolved around the question whether valuation adopted by the assesse on the basis of transaction value under Section 4(1)(a) of the Central Excise Act, 1944 or should have followed the provisions of Rule 7 of the Central Excise Valuation (Determination of price of Excisable Goods) Rules, 2000. The penalty provision stands attracted where duty of excise has not been levied or paid or has been short-levied or short-p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been done in the present case. Moreover, the duty itself has been remitted on 26.03.2015 even prior to issuance of show-cause notice. However, I find that the Tribunal has all along taken a consistent view that when the entire demand along with applicable interest has been paid by the Appellant before issuance of show-cause notice, there was no occasion to issue any show-cause notice. I also find support from the following decisions of the Hon'ble High Courts on this issue : (i) CCE, Bangalore II Vs. Pushpadeep Enterprises : 2012 (279) ELT 503 (Kar.) ; (ii) Akanksha Steels Pvt. Ltd. Vs. CCE : 2018 (12) GSTL 281 (All.) ; (iii) CCE & Cus, Aurangabad Vs. Atra Pharmaceuticals Ltd. : 2016 (342) ELT 39 (Bom.) ; (iv) Sita Lakshmi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
