9911796707
TMI Blog2004 (11) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... C.N.B. Nair, Member (T) [Order per : C.N.B. Nair, Member (T)]. - Under the impugned order, the Commissioner has revised the assessable value of the glass bottles manufactured by the appellants and demanded differential duty for the period February 1988 to November 1991 and demanded duty of over Rs. 90 lakhs and imposed penalty of Rs. 10 lakhs. 2. The contention of the appellant is that the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration expenses should also be added to the above mentioned expenses for the calculation of cost of production. After raising the objection about non-inclusion of administration expenses, the assessee had taken a revised certificate from their Chartered Accountant about the cost of production of glass bottle for the year 1991-92 in which administration and financial overheads had been added and re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were approved by the Central Excise authorities. During the hearing of the case, the learned Counsel took us to the relevant price declarations in order to show that it was clear from the Chartered Accountant's certificate filed by the appellants that the cost taken in its account is only "factory cost" and that the cost included only "direct material cost", "direct wages", "fuel" and "factory o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, shows that the appellant had clearly stated the basis of the costing as well as the period to which it related. Thus, there was no suppression of material particulars. If the costing arrived at was not reliable, it was for the Revenue to raise objection as provided in the normal period under Section 11A. The ingredients permitting the invoking of the extended period are clearly absent. That is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
