https://www.taxtmi.com/caselaws?id=751718 CESTAT Kolkata allowed the appellant's appeal, setting aside demands for short payment of central excise duty and reversal of CENVAT credit. The tribunal held that the department failed to provide evidence for cost elements allegedly not included in assessable value. Revenue neutrality was established as the entire exercise involved stock transfer to sister concern with no revenue loss. The appellant's valuation method of 110% cost for free supplies was deemed valid. CENVAT credit denial on replaced defective goods was unsustainable, and credit on installation services was allowed. The demand based on stock differences lacked evidence of clandestine removal. Consequently, interest and penalty demands were also set aside. en-us Fri, 19 Apr 2024 00:00:00 +0530 Wed, 24 Apr 2024 06:28:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751718 CESTAT Kolkata allowed the appellant's appeal, setting aside demands for short payment of central excise duty and reversal of CENVAT credit. The tribunal held that the department failed to provide evidence for cost elements allegedly not included in assessable value. Revenue neutrality was established as the entire exercise involved stock transfer to sister concern with no revenue loss. The appellant's valuation method of 110% cost for free supplies was deemed valid. CENVAT credit denial on replaced defective goods was unsustainable, and credit on installation services was allowed. The demand based on stock differences lacked evidence of clandestine removal. Consequently, interest and penalty demands were also set aside. Case-Laws Central Excise Fri, 19 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751718