9911796707
TMI Blog2025 (3) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... r the tariff items 69010090 and 38160000 of the First Schedule to the Central Excise Tariff Act, 1985. 2.1 The Appellant was initially started by a Private Management in 1964 as Firebricks & Insulation Co. Ltd. and on 16.12.1975 was taken over by Govt. of India. Thereafter, in 1978 it was taken over by M/s Bharat Refractories Ltd, initially continuing as a subsidiary and subsequently on 01.10.1997 renamed as IFICO Refractories Plant when it became direct unit of Bharat Refractories Limited and continued till July 2009. During this period the Appellant was engaged in the manufacture of refractory bricks and other refractory material for sale to various steel companies including SAIL. Sale of final products were based on prices as per agreed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... August 2009 to March 2014 10,56,28,379/- 01.05.2015 April 2014 to March 2015 1,22,74,062/- 2.6 The Appellant duly furnished detailed replies and also a written submission dated 12.01.2016 rebutting all the allegations raised therein.Apart from the legal submissions on merits, it was also mentioned that the Appellant has subsequently worked out differential duty based on CAS-4 for the period 2013-2014 and paid the differential duty amounting to Rs.2,03,28,787/- vide Challandated 27.09.2014 and 29.09.2014 and for the period 2014-15 the Appellant paid the differential duty amounting to Rs.1,11,07,481/- vide challans dated 28.02.2015, 07.03.2015, 10.03.2015 and 04.06.2015. 2.7 However, by a common Order dated 19.01.2016, the Ld. Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Price of Excisable Goods) Rules, 2000, by adopting 110% of the cost of the product determined as per CAS-4. If any excess duty is to be paid by the appellant, the same is entitled to take the cenvat credit by the appellant's unit only. 7. In that circumstances, it is the case of revenue neutrality as held by this Tribunal in the case of M/s Hindalco Industries Limited (supra) wherein this Tribunal has held as under : "15. The Appellant has argued that the entire exercise is revenue neutral as the duty paid by them will be available as credit for their sister unit. We agree with this view of the Appellant. The duty paid by the Appellant would be available as credit to their sister unit. This the entire exercise is revenue neutral. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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