TaxTMI 
TaxTMI 
TaxTMI 
2015 (4) TMI 244
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....ibunal (CESTAT), South Zonal Bench, Chennai was admitted by this Court on the following substantial questions of law: "1. In the facts and circumstances of the case, whether the 2nd respondent can accept the incorrect statement given by the ld. Counsel? 2. Why the value as per Rule 6 of the Central Excise Valuation (Determination of price of Excisable Goods) Rules, 2000 should not be considered for the valuation of the impugned goods for demanding duty?" 2. The brief facts of the case are as follows: The first respondent/assessee is engaged in the business of manufacturing excisable goods falling under Chapter 79, 84, 85, 90, 91 and 96 of the CETA, 1985. On verification of documents maintained by the assessee during the period from 1994....
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....arge representing design drawing, development of product shall form part of the manufacturing cost and manufacturing profit of a product. The said activities are related directly to the manufacture and supply of goods. Hence it appears that the money value of such activities should form part and parcel of the value of the goods manufactured and supplied. Similarly, the financial compensation for design, drawing, development of tools and dies extended by the customer for manufacture and supply of goods, appears to have a direct influence on the contracted price entered into between M/s.SDL and their customers. In view of the above facts, it appears that the prices adopted for the purpose of levy of excise duty by SDL are not the sole consid....
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....icated by the jurisdictional Assistant Commissioner, who held that the Chartered Engineer's certificate filed by the first respondent/assessee could not be accepted in view of certain discrepancy. He further held that since the assessee could not establish the pro-rata amortization cost per piece through a legally sustainable manner, the entire cost of moulds has to be taken for the purpose of demanding duty. The relevant portion of the order of the Adjudicating Authority reads as follows: "In the circumstances, I hold the view that since M/s.SDL could not establish the pro-rata amortization cost per piece through a legally sustainable manner, the entire cost of moulds are required to be amortized." 4. Accordingly, the Adjudicating Au....
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....ents cleared during the disputed period." 6. Not satisfied with the order of the Commissioner (Appeals), the Department went on appeal before the Tribunal. The Tribunal, took note of the submission of the learned counsel appeared for the assessee held as follows: "3. Shri M.Kannan, ld. Counsel appearing for the respondents states that the respondents are not challenging the inclusion of amortised cost of mould in the value of the components and further states that the actual amortised cost has been so included for the relevant period. 4. In view of the fact that amortised cost of the mould has been included in the value of the components for the relevant period as stated by the ld. Counsel for the respondents, we see no reason to interfe....