2015 (3) TMI 80

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.... applicant/assessee and the fourth issue was referred to the Larger Bench. He submits that in para 7.4 of the Interim Order, the Tribunal in respect of issue No.3, held that the unabsorbed overheads referable to abnormal idle capacity for lack of order shall not form part of the cost of production and the demand of duty is not sustainable. He submits that the demand of duty on 3rd issue is on unabsorbed overheads and cost of closing stock . It appears from para 7.4 of the order that the words closing stock were escaped from the notice of the Tribunal. He submits that in order to implement this order, it may kindly be clarified that the words cost of closing stock should be incorporated therein. 3. On the other hand, the Ld. Special Couns....

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....any objection on this issue, then they may file the application before the Tribunal. 4. After hearing both the sides and on perusal of the records, we find from the Final Order of the Tribunal that paragraph-7 deals with 3rd issue whether the unabsorbed overheads due to idle capacity have to be included in the cost of production . On perusal of the written submissions filed by the Revenue, it is clearly mentioned that Unabsorbed overheads and cost of stock . It is further mentioned that the cost of unabsorbed overhead costs on this account has to be added. As consequent the cost of stock will also change. Similarly, the applicant also in their written submission requested the unabsorbed overheads and cost of closing stock would be exclud....