2014 (7) TMI 442

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.... Raghwan, Advocate & Shri Anjan Dasgupta, Advocate For the Respondent: Shri S. Misra, Addl. Commr. (A.R.) JUDGEMENT Per Dr. I. P. Lal : These applications are filed for waiver of predeposit of duty of Rs. 31.17 lakhs and equal amount of penalty imposed under Section 11AC of the Central Excise Act, 1944 on M/s Bhalotia Auto Products Ltd., penalty of Rs. 5.00 lakhs imposed on M/s Bhaloti....

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....y building. M/s.Bhalotia Auto Products Ltd. is also not including the amount paid in respect of freight and insurance charges while arriving at the cost of chassis received by the Applicant. It is the contention of the Applicant that the amount of Rs. 10,000/- + Education Cess, is paid by M/s Tata Motors Ltd. as specific duty and M/s Bhalotia Auto Products Ltd. is availing credit in respect of it.....

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....luation (Determination of Excisable Goods) Rules, 2000. He relies on the decision of the Larger Bench of the Tribunal in the case of Eicher Motors Ltd. Vs. CCEx. Indore : 2008 (228) ELT 43 (Tri.-LB), according to which, the value of the chassis instead of actual cost of production of chassis is to be taken for arriving at the value of the body built motor vehicles. He submits that the in the ident....

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....has a strong case in this regard inasmuch as, the amount relatable to credit taken, cannot be considered as an element of cost. In respect of addition of freight and insurance to the cost of chassis at the hand of body builder, we find that the Tribunal in the case of Hyva (India) Ltd. Vs. CCEx., Bangalore reported in 2010 (252) ELT 232 (Tri.-Bang.), granted waiver of predeposit. We further find t....